American Legal Realism, Law and Economics
-Write a 400 word discussion thread/post on the following: American Legal Realism, Law and Economics, and the Interpretive Approach are among the most influential modern perspectives of legal theory. Discuss which aspects of these theories are consistent or inconsistent with the biblical worldview of law
Sample Answer
Legal Theories Through a Biblical Lens: Examining Consistency
American Legal Realism, Law and Economics, and the Interpretive Approach are dominant forces in modern legal theory. Let’s explore how these perspectives align with, or diverge from, a biblical worldview of law.
1. American Legal Realism:
- Focus: Realists emphasize the practical realities of law, arguing judges play a significant role in shaping legal outcomes through their decisions.
- Biblical Viewpoint: The Bible portrays judges as upholding established laws and principles (Deuteronomy 1:16-17). While some discretion might exist, the emphasis lies on applying existing law fairly and consistently. Realism’s focus on judicial discretion could be seen as conflicting with a strict adherence to established