Historical School

Historical School - Historical School: Tradition One of the...

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Historical School: Tradition One of the most often used guidelines for shaping the law is tradition, or custom, also called the historical school. Stare devises is rooted in this perspective. we attempt to link our future behavior to the behavior of those who faced similar problems in earlier historical periods. The logic of the approach is that we need not reinvent the wheel each time a legal problem arises. Past practice is assumed to have been the product of careful thought. Legal Realism Legal realism is based on the idea that, when ruling on a case, judges need to consider more than just the law. This school of thought dictates that they also take factors such as social and economic conditions into consideration when making a judgment. Followers of legal realism argue that the law must not be the sole factor in deciding a case since legal guidelines were designed by humans and exist in an ever-changing society. Judges who follow this school of thought are more likely to depart from past court decisions to account for
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Historical School - Historical School: Tradition One of the...

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