Question

‘Life of law has not been logic, it has been experience’. Which of the following statement is correct with respect to the above posit?

• A. Central point of Realist school of jurisprudence
• B. Central point of Historical school of jurisprudence
• C. It is put forward by Savigny
• D. Both (b) and (c)

Hint:

This quote by Justice Holmes is one of the most famous and frequently cited definitions in modern legal philosophy. Always associate it with Legal Realism.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question presents a famous quote on the nature of law: "Life of law has not been logic, it has been experience."
We need to identify which statement is correct regarding its jurisprudential significance.

Step 2: Key Concepts and Approach:
This quote was authored by Justice Oliver Wendell Holmes Jr. in his book "The Common Law" (1881).
We must analyze how this statement forms the philosophical foundation of the American Realist school.

Step 3: Detailed Explanation:

• Oliver Wendell Holmes Jr.: Holmes is considered the spiritual father of American Legal Realism.

• Critique of Formalism: The quote is a direct critique of the classical formalist view that law is a closed, logical system where decisions can be deduced mathematically from abstract rules.

• Emphasis on Experience: Holmes argued that the development of law is shaped by human experience, prevailing social and political moralities, and the actual needs of the time.

• Foundation of Realism: This emphasis on pragmatism, empirical observation, and judicial behavior became the central tenet of the Realist School of Jurisprudence.

Step 4: Final Answer:
The quote represents the central point of the Realist school of jurisprudence. Thus, Option A is correct.