Law in action
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Law in action is a legal theory, associated with legal realism, that examines the role of law, not just as it exists in the statutes and cases, but as it is actually applied in society.
Law in action scholars often start with observations about the behavior of institutions and work "backwards" toward the legal philosophies guiding courts and traditional jurisprudence.
The law in action theory is closely associated with the University of Wisconsin Law School. Within the University of Wisconsin Law School community, specific professors are more devoted to the law in action philosophy than others. For example, Howard Erlanger, a Trusts & Estates professor who is well known for contributions to the probate code devotes a portion of every lecture to the law in action concept. On the other hand, many law professors at the University never mention the theory suggesting it may quite possibly be nothing but BS.
This ditty, sung by the University of Wisconsin Law School faculty in Law Revue 2004 [the play, not the book], pretty much sums up law in action:
No books to buy And nothing to say Nothing you can do because it's taught from life. You can't top it (4x) You want a simple rule But it can't be found Stories, stories, stories make your head spin 'round You can't top it (5x), You can't top Law in action, law in action, can't top law in action, can't top law in action, can't top law in action Yeah you could go to A black letter school Where they want to give you just another rule But you can't top it (5x), You can't top Law in action.
Law in action is also a programme on BBC Radio 4 presented by Clive Coleman which aims to cover the law in a manner which is understandable to the layman.
[edit] See also
[edit] References
- Davis, Kenneth J., Dean of the University of Wisconsin Law School, on Law In Action
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