When the Supreme Court made its ruling on the legality of homosexual marriage, they considered social and economic conditions surrounding marriage rather than relying on precedent alone. This was an example of:

Question

BlackTom AI · Accepted Answer

Legal realism emphasizes that judges should consider social, economic, and practical consequences of legal rulings rather than applying rules mechanically.

1) Relevant knowledge points and concepts
- Legal realism: jurisprudential approach holding that judicial decisions are influenced by social, economic, and political contexts; judges look to real-world effects and policy considerations.
- Legal positivism: holds that law is what is written or enacted (statutes, precedents), separate from moral or social considerations.
- Historical school: views law as an expression of historical traditions, customs, and collective spirit.
- Cost-benefit (law and economics) analysis: evaluates rules by their economic efficiency and aggregate costs/benefits.
- Executive positivism: not a standard jurisprudential category for judicial decisionmaking; suggests confusion with legal positivism.

2) Step-by-step reasoning
- The Supreme Court in the described ruling did not rely primarily on precedent; instead it weighed social and economic conditions surrounding marriage.
- This indicates the Court looked beyond formal rules and considered empirical, contextual factors in reaching its decision.
- That precise emphasis—judicial consideration of social and economic realities and consequences—is the hallmark of legal realism.

3) Intermediate steps (logical, not numerical)
- Observation: reliance on social/economic context + de-emphasis on precedent.
- Match to theory: legal realism = judges consider real-world impacts; legal positivism/historical school = focus on text/precedent/tradition.
- Therefore, the described approach corresponds to legal realism.

4) Why the correct answer is correct
- Legal realism explicitly endorses factoring societal conditions and consequences into judicial reasoning; the Court’s approach matches that definition.

5) Why other options are incorrect
- Legal positivism (B): would emphasize statutes and precedent, not social context—contradicts the scenario.
- Historical school (C): would emphasize tradition and historical development of law, not contemporary social/economic conditions.
- Cost-benefit analysis (A): is narrower—focused on economic efficiency rather than the broader social-context reasoning described.
- Executive positivism (E): is not an appropriate descriptor of judicial deliberation here and conflates executive authority with positivist thinking.

Conclusion: The Court’s reliance on social and economic conditions rather than precedent exemplifies legal realism, so the correct answer is D) Legal realism.

When the Supreme Court made its ruling on the legality of homosexual marriage, they considered social and economic conditions surrounding marriage rather than relying on precedent alone. This was an example of: 单项选择题

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