Umang Gupta, Amity Law School Noida, Amity University Uttar Pradesh
Abstract
Jurisprudence can be called as the foundation of law that helps in forming, analyzing and interpreting of laws. Jurisprudence as seen by laski: as the eye of law, it relating the functioning of eye that helps in seeing the environment similarly it helps in giving a new understanding to the laws. The Legal Realism Theory is one of the most important theory of jurisprudence which helps in giving the wings in understanding of decision of courts. The realists contend that law has emanated from judges, hence law can be said as what court do and not what they say. This realist theory is the branch of sociological jurisprudence. Researchers believe that legal realism to be a development which ought not be formalized into a different school of law, as it only part of the sociological approach. Legal Realism as movement in thought of law or an idea of law, dismisses the thought of natural law as it doesn’t give the principles of justice. So, it not accepting the imperative model of law as for realist the meaning of legal term is not defined by law makers but it’s the observation of law in action. Also, Prof. Sir John Chipman Gray’s propositions “judges put life into the dead words of law” and “law is what judges declare”.
The objective of this paper is to understand the literal meaning of Realism in its legal point of view and basic interpretation relating to it. Also, the research paper mentions the Legal Realism in the view point of Indian scenario. So, the paper acknowledges that Legal realism is the modern and latest school of the jurisprudence.
Key words: Legal Realist, Realism, Sociological, Jurisprudence, Society
