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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
^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.”
^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.”
^Luban, Law's Blindfold, 23
^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.
^
The Jurisprudence of Skepticism - Richard A. Posner - Michigan Law Review - Vol. 86, No. 5 (Apr., 1988
Skepticisminlaw is a school of jurisprudence that was a reaction against the idea of natural law, and a response to the 'formalism' of legal positivists...
Skepticism, also spelled scepticism in British English, is a questioning attitude or doubt toward knowledge claims that are seen as mere belief or dogma...
Academic skepticism refers to the skeptical period of the Academy dating from around 266 BCE, when Arcesilaus became scholarch, until around 90 BCE, when...
question the possibility of knowledge. It differs from other forms of skepticismin that it even rejects very plausible knowledge claims that belong to...
Religious skepticism is a type of skepticism relating to religion. Religious skeptics question religious authority and are not necessarily anti-religious...
appears to be that of skepticism or scientific skepticism but in reality is a form of dogmatism. An early use of the word was in self-denigration: on 31...
to the phrase. Methodological skepticism is distinguished from philosophical skepticismin that methodological skepticism is an approach that subjects...
philosophical skepticism which rejects dogma and advocates the suspension of judgement over the truth of all beliefs. It was founded by Aenesidemus in the first...
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body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the term sharīʿah...
Law) Bruce L. Benson (The Enterprise of Law: Justice Without the State) Frank van Dun (The Fundamental Principle of Law) Richard Epstein (Skepticism and...
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Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political...
supernatural, morality (moral skepticism), religion (skepticism about the existence of God), or knowledge (skepticism about the possibility of knowledge...
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developing between Sotomayor and Neil Gorsuch "in defense of robust due process rights and skepticism of law enforcement overreach." Court staff working...
was developing between Gorsuch and Sotomayor "in defense of robust due process rights and skepticism of law enforcement overreach." FiveThirtyEight used...
philosophies, or as a distinct historical concept arising out of nominalism, skepticism, and philosophical pessimism, as well as possibly out of Christianity...
of his epistemology. In a process that he called methodological skepticism (now also known as Cartesian doubt), he asserted that in order to gain a solid...