Legal Realism, Common Courtesy, and Hypocrisy

  title={Legal Realism, Common Courtesy, and Hypocrisy},
  author={Keith J. Bybee},
  journal={Law, Culture and the Humanities},
  pages={102 - 75}
  • Keith J. Bybee
  • Published 1 February 2005
  • Sociology
  • Law, Culture and the Humanities
In the USA, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted – and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law… 
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