Question

‘Law is not a set of abstract rules, but what judges actually do when deciding cases’, is the line taken by

• A. Positivists
• B. Naturalists
• C. Realists
• D. Socialists

Hint:

When trying to identify Realist quotes, look for terms like "what judges actually do," "prediction of court decisions," and "law in action."

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question presents a specific quote: "Law is not a set of abstract rules, but what judges actually do when deciding cases." We need to identify the school of thought associated with this position.

Step 2: Key Concepts and Approach:
This quote represents a highly pragmatic, empirical approach to legal theory.
We need to identify the school that rejects statutory legal rules as the sole basis of law and instead focuses on judicial behavior.

Step 3: Detailed Explanation:

• Realist School Tenet: The American Legal Realist movement focused heavily on the human and psychological elements of judicial decision-making.

• Action over Rules: Realists argue that abstract rules written in statutes (law in books) do not accurately describe how decisions are made.

• Judicial Decisions as Law: For realists, law is simply a prediction of what the courts will actually do in practice.

• Contrast with Positivists: Positivists view law as a system of authoritative rules, which differs from the realist focus on actual judicial behavior.

Step 4: Final Answer:
This line is a defining statement of the Realist school. Hence, Option C is correct.