The Reality of Judicial Decision Making: The Legal Realist View
Abdul Hamid Kwarteng
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The Reality of Judicial Decision Making: The Legal Realist View

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Judicial decision making has for a long time been viewed as an objective exercise that is not influenced by any external factors or variables. This view of the law is referred to as Formalism. In the view of the formalist, Judges only search through the existing laws and apply the law that best suits the case at hand in an objective manner. Legal realism, however, disagrees with this view on judicial decision making and argues that judicial decision making is influenced by other external factors other than the existing laws alone and as such judicial decision making cannot be viewed as an enti...