This paper argues that issues other than legal rules often determine how cases are decided. It offers advance arguments to support this thesis. Counter arguments will be considered such as the formalist point of view of Roscoe Pound. However it will be shown that in fact issues such as whether the country is at war, or what race the defendant is, or what best serves the need to protect society are very likely to be more important than the rules in determining how cases are decided.
From the Paper:
"The American Legal Realism perspective stipulates that issues other than legal rules often determine how cases are decided. This paper will argue that this is true, and will advance arguments to support this thesis. Counter-arguments will be considered, such as the formalist point of view of Roscoe Pound. However, it will be shown that in fact issues such as whether the country is at war, or what race the defendant is, or what best serves the need to protect society, are very likely to be more important than the rules in determining how cases are decided. In other words, pragmatic, ..."
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