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Skepticism in law information


Lady Justice is the symbol of the judiciary.[1][2] Justice is depicted as a goddess equipped with three symbols of the rule of law: a sword symbolizing the court's coercive power; scales representing the weighing of competing claims; and a blindfold indicating impartiality.[3]

Skepticism in law is a school of jurisprudence that was a reaction against the idea of natural law, and a response to the 'formalism' of legal positivists. Legal skepticism is sometimes known as legal realism.[4]

According to Richard Posner, "The skeptical vein in American thinking about law runs from Holmes to the legal realists to the critical legal studies movement, while behind Holmes stretches a European skeptical legal tradition that runs from Thrasymachus (in Plato's Republic) to Hobbes and Bentham and beyond".[5]

...men make their own laws; that these laws do not flow from some mysterious omnipresence in the sky, and that judges are not independent mouthpieces of the infinite.The common law is not a brooding omnipresence in the sky

Justice Oliver Wendell Holmes

  1. ^ Hamilton, Marci. God vs. the Gavel, page 296 (Cambridge University Press 2005): “The symbol of the judicial system, seen in courtrooms throughout the United States, is blindfolded Lady Justice.”
  2. ^ Fabri, Marco. The challenge of judicial systems, page 137 (IOS Press 2000): “the judicial system is intended to be apolitical, its symbol being that of a blindfolded Lady Justice holding balanced scales.”
  3. ^ Luban, Law's Blindfold, 23
  4. ^ In the context of philosophy, some people prefer the word 'skepticism’ to 'realism' because the word 'realism' is also used for school of thought founded by Plato and his followers. The reason for this preference for the use of word 'skepticism' is not only that this word is used in the writings of skeptic jurists themselves, but also that this word is suitable in the context of history of philosophy.
  5. ^ The Jurisprudence of Skepticism - Richard A. Posner - Michigan Law Review - Vol. 86, No. 5 (Apr., 1988

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