Legal Realism over Traditionalism

Traditionalism, by definition, is simply the systematic emphasis on the value of tradition.  On the other hand, legal realism maintains that common-law adjudication is an inherently subjective system that produces inconsistent and sometimes incoherent results that are largely based on the political, social, and moral predilections of state and federal judges (Law Encyclopedia, 1998).
For me, legal realism stands out of traditionalism.  The reasons for this are numbered on the following texts.

One of its focuses is on power and economics in society.  It also argues that law equates the authority in society with economic interests and the will of the most powerful is what is on top.  Realists see that the economy is run by the wealthiest member of the society.

It has its attention to judicial power, giving notice that law depends on the characteristics and the will of the judges and the legislators.  Judges should not use his own political convictions when deciding a case.  Interpretation of the law should be based on advancement of the welfare of society. It would be best if decisions, especially political, are based on status quo.  Law should serve the most fragile members of the society (Law Encyclopedia 2010), not all to the wealthy and most powerful.

It is aware of the flaws, limitations, and openness of law.  Tamanaha wrote that legal realsim is conscious that law is influenced by political and moral views and personal biases (2009).  Although realism sounds very skeptical on law and the judges, it also understands that legal rules can work and that judges can abide by and can apply the rules.  Realism also aims to increase firmness and transparency of law.  This awareness will help mould better lawyers and advanced legal justice.  This will also improve law itself to be better in terms of social needs.

Realism not only points to the law only but to the people itself and to human rights.  It strongly suggests that law must be equally redistributed to all citizens, regardless of power and wealth so that all are guaranteed dignity and equality.

Comparing realism to traditionalism, the latter believes that tradition and custom are what guide man and his view of what is wrong and right (wapedia, 2010).  But the thing with traditionalism is that there are bad traditions that need to be abandoned.  Other traditions need to be replaced with laws that came from experiences that gave rise to tradition.  Traditional morality should now be combined with philosophy and social sciences.  This is when realism comes in.

It continues to influence how judges, lawyers, and laypersons think about the law. According to Encyclopedia of Philosophy, it suggests specific improvement in practical areas of the law (2006).  As most of us are aware of what realism recognizes, realists say that most of us are realists now.

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