Rättsrealism

Rättsrealism, often translated as legal realism, is a school of legal thought that emerged in the early 20th century, particularly in the United States and Scandinavia. It challenges the traditional view of law as a set of abstract rules that are applied objectively by judges. Instead, legal realists emphasize the practical realities of how law actually operates in society.

A core tenet of legal realism is that the law is not merely what is written in statutes or precedents, but rather what judges and other legal actors *do* in practice. They argue that judicial decisions are influenced by a variety of factors beyond formal legal rules, including judges' personal biases, social and economic conditions, political considerations, and the specific facts of a case. This perspective suggests that legal outcomes are often more predictable by examining these real-world influences than by relying solely on abstract legal doctrines.

American legal realism, associated with figures like Oliver Wendell Holmes Jr., Karl Llewellyn, and Jerome Frank, focused on the "law in action" rather than the "law in books." They sought to understand how judicial decisions were made and how those decisions impacted society. Scandinavian legal realism, developed by thinkers such as Axel Hägerström and Vilhelm Lundstedt, took a more philosophical approach, questioning the metaphysical nature of legal concepts and advocating for a law grounded in empirical observation and psychological realities.

Legal realism has had a profound impact on legal scholarship and practice, encouraging a more empirical and critical approach to law. It has highlighted the indeterminate nature of legal rules and the significant role of discretion in legal decision-making.