Relevance of American and Scandinavian Legal Realism in Indian Judiciary

  • Sargam Gupta
  • Show Author Details
  • Sargam Gupta

    Student at O.P. Jindal Global Law School, India

  • img Save PDF

Abstract

"We are all Realists now," as the saying goes. Viewed not simply as jurisprudential movements, but as parts of their broader political cultures, American Legal Realism and Scandinavian Legal Realism sought to assert independence from the existing legal systems of the past. With their democratic claims and claims of scientific and empirical aspects of law, these movements significantly influenced subsequent critical legal studies. The impact of these movements was particularly traceable across the atlantic. Although the influence of these movements have now reduced, the claims and ideas of the two movements are still relevant to the Indian context to some extent. This article endeavors to explore the relevance of ALR and SLR within the framework of the contemporary Indian judiciary. The article commences with an examination of the shared characteristics and distinctions between these two jurisprudential movements. Subsequently, it scrutinizes the assertions of these movements within the specific context of India. By dissecting their relevance in the Indian legal landscape, the article aims to provide insights into how these theoretical frameworks intersect with the complexities of the Indian legal system.

Type

Article

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 372 - 377

DOI: https://doij.org/10.10000/IJLSI.111911

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLSI 2021