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| establishes an expectation for behavior, possibly accompanied by a suggested punishment for disobedience, that may exist as a spectrum of acceptable behavior, may be accompanied by any of a varying amount of specificity, and ought to be comprehensively defined when possible |
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| legal formalism, declaratory theory, mechanical jurisprudence |
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| judges decide according to the law, they do not make it, private views are irrelevant, a “matter of necessity rather than choice” |
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| exemplified by Oliver Wendell Holmes, judges should think not about what the law dictates but about the consequences of their decisions, “The life of the law has not been logic, it has been experience.” –OWH |
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| Sociological Jurisprudence |
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| founded by Roscoe Pound, the development of the law should be shaped by the social sciences, exemplified by Benjamin Cardozo |
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| highly anthropological, Jerome Frank, “law as we have it is uncertain,” combines practicality with social science emphasis, less an advocated school of thought than a different interpretation of how existing judges operate, ‘wiggle room’ |
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| what judges actually do; legal realism |
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