Llewellyn’s Legal Realism

Because well-known books on the theory and application of theory to solve practical problems are two different things, the legal realists believe that the law is to predict what the court will do the reaction, that is the factors behind the rules or factors that determine the result of the experience, they are more focus on realistic and practical experience and intuition, while the legal formalism think that logic or rationality is more important. Therefore, the transition from theory to model building books on the practice carried out is a problem can not be ignored. So, how to make an effective transition to knowledge of the law of legal action is a necessary depth to explore the issue. From the perspective of the book and the author intends to conduct, analyze the legal significance of realism about the actual behavior of courts and judges, and to explore how the “knowledge” to convert the question “action”,especially discuss the “logic” and “intuition” this group of key words.The first part is the basic form of legal realism thought of Llewellyn. First about the rise of legal realism, and then compare the similarities and differences of legal thought and Pound between Llewellyn and the specific formation of abandoning Pound and Llewellyn’s thoughts, then explore the idea of legal realism of Llewellyn.The second part is the rule skepticism of Llewellyn. Llewellyn thinks that the rule is uncertain and explained his reasons. Meanwhile, form the perspective of external and internal positions of Critical Legal thought, examine the rules of uncertainty connotation, leads Llewellyn paper division rules and realities of the necessity and importance of the rule.The third part of the book is the transition to action. Because paper rule and real rule reflect the object is a book theory and practice behaviors. Therefore, the microscopic study of the rules and practical rules on paper, was found associated with the substance of the relationship between the two is about logic and intuition.The fourth part the revelation and use about Llewellyn legal realism thought. This is the last part of this article. In the clear contact paper and differences between the rules and the rules of reality, we can understand the meaning of the rules and some domestic scholars Llewellyn’s skeptical assessment of legal realism thought. The so-called “Learning” or “There are corrections, if any, we’d better change the way.” Combining pros and cons of logic and intuition, the author from the perspective of judicial practice, the theory put forward legislation to appropriate use of logic and intuition personal advice and opinion.The full text is intended to be one of the legal representatives of Llewellyn realism “paper rules” and “real rules” for the trunk, according to the delicate relationship between jurisprudence and practice of the law on the books between the test logic and intuition in real natural law the proportion of the size of the problem in the role, and then reviewed in legal practice in how to use appropriate logic and intuition. Paper are the author’s personal views and some reflections humble opinion, there are unreasonable but also look to you for pointing predecessors and treatise.