legal theory: legal realism

Cases Illustrating Classicism

 

Understanding Legal Realism is difficult unless one has some knowledge of the classical legal thought with which it found fault.  Perhaps most illustrative of the decisions produced by classicism are those which strengthened the position of corporations with respect to their workers and to consumers:

Decisions assisting businesses in preventing strikes:

Decisions limiting the ability of the legislature to control monopolies:

Decisions limiting the ability of legislatures to interfere with property rights or "freedom of contract":