Contemporary Legal Studies
Legal Formalism: Law as Science
 All law is established and it is the role of the courts to
discover the appropriate rule and to apply it.
 Scientific application of legal precedence to new
cases gives certainty and predictability to law.
 Formalism can be said to be a positivist explanation
of how law and legal systems operate.
Legal Realism
 Developed in reaction to Legal Formalism
 Courts are the authors of the law
 Purpose of law is to resolve disputes
 Role of the state is to provide decisions in a
predictable fashion based on principles and
experiences of judges
 The role of the citizen is to resolve disputes in a
lawful manner, either through lawyers or through
the courts
Marxism
 Laws are derived from the upper class who hold
power and rule in their own interest
 The purpose of law is to maintain the powers and
privileges of the ruling class
 The state suppresses the rights of the working class,
and maintains order for the benefit of the ruling
class
 The role of the citizen is to strive toward a revolution
that would overthrown the ruling class and create a
classless society
Feminist Jurisprudence
 They believe that laws come from the male elite
 The purpose of law is to maintain male dominance
over society and to oppress women
 The role of the state is to remove systemic barriers
and give women equal rights