The Theoretical Perspective of Legal Realism

1222 Words Jul 14th, 2018 5 Pages
The theoretical perspective of legal realism emphasises what the law is, it reasons that the law can meaningfully instruct people to act in certain social contexts, and for this reason can guide behaviours of those who seek to obey its commands. The theory operates on a premise that it adheres to often by most laymen and many who have legal training where ‘the law’ is concerned with and is intrinsically tied to the real-world outcomes of particular cases. Legal Realism remains influential and has been remarkably successful in changing the terms of legal discourse and in undermining the idea of a self-regulating legal system. Legal realism combines the connection between law and social reality; this would enable judicial decisions by the …show more content…
Moreover, the implementation of judicial decisions is a political process; the actors upon whom courts must rely [ to translate law into action] are usually political actors and are subject to political pressures as they allocate resources to implement a judicial decision”(Bowen, 1995)
The facts heard in the case of R. v. Jackson were as follows, J and the accused were charged with first degree following the killing of J’s employer. On the eve of the murder, the accused drove J to the victim’s shop. J admitted to entering the shop, losing control and striking the victim with a hammer. The Crown theorized that both J and the accused entered the shop and participated fully in the robbery and the attacks. The trial judge charged the jury on both murder and manslaughter, where he set out a number of plausible scenarios none of which suggested that the accused may be guilty of manslaughter. Rather, the trial judge expressed the opinion that this was unlikely. The jury found J guilty of first degree murder, and the accused of second degree. The Court of Appeal set aside the accused conviction, and directed a new trial on the grounds that the trial judge erred in not adequately instructing the jury as to the accused’s potential liability for manslaughter under Subsection 21(1) and 21(2) of the Criminal Code. The court must review the legal issue raised by the respondent and how this will affect future hearings on similar matters. Firstly, what was contemplates is
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