Legal Realsim and its Implications for Legal and Political Theory and Jurisprudence

FAIN: FB-12342-74

Theodore M. Benditt
University of Alabama, Birmingham (Birmingham, AL 35294-0002)

To study a series of related questions which stem from the legal realsits claims and their implications for legal and democratic theory. Such questiosn include: the implications for democratic ideals if judges are legislators but not elected, the claim that the law does not consist of rules governing behavior, the question of what does or should go into judicial decision-making, questions about the proper structure of legal institutions, the question of what a legal philosophy is and what can be expected of a legal theory.