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.
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.
One recent Wisconsin Law School graduate described law in action this way when Interviewed:
Wisconsin’s law-in-action approach to learning the law is a unique tool that allows students to think beyond the confines of the black-letter law. This philosophy allowed me to consider alternative approaches, think about the broader implications of the law, and recognize the role of the lawyer in different contexts. By looking outside the box and considering the pragmatic aspects of the law, I feel well equipped for success in my work as a clerk and a lawyer.
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
- A discussion of Law-in-Action from the UW Law web site
- Kenneth J. Davis, Dean of the University of Wisconsin Law School, on Law In Action
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