Legal Realism has undergone a revitalization in academia. In a series of articles over the past decade and a half, and in a 2007 book, Brian Leiter has offered a "philosophical reconstruction" of Legal Realism... In the forthcoming Article, I will seek to clarify further the normative dimension of Legal Realism. I will suggest that it is a mistake to divide Legal Realists into quietist camps. This is because these terms refer to two distinct phenomena. Nonquetism in a view of the lawmaking role: judges are legislators-they make law and policy plays a role in their lawmaking. Quietism reflects a conclusion: it makes no sense to give normative advice. In the present Article, I have continued to use these terms as Leiter uses them so as not to confuse the analysis and because in the context of this Article they prove adequate.
The Missing Normative Dimension in Brian Leiter's "Reconstructed" Legal Realism,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol49/iss1/2