“ROLE OF JUDGES IN DEVELOPMENT OF LAW WITH REFERENCE TO REALIST THEORY”
AUTHOR – SAKSHI ANDHARE, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE
BEST CITATION – SAKSHI ANDHARE, “ROLE OF JUDGES IN DEVELOPMENT OF LAW WITH REFERENCE TO REALIST THEORY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 438-444, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
(Catchy opening line) Judges shape the law by interpreting legal principles, influenced by personal experiences and societal context, as per realist theory. Their rulings drive the dynamic evolution of legal norms to meet contemporary needs. (History) Legal realism, emerging in the early 20th century, challenged the formalist view of law as abstract rules. Pioneers like Holmes Jr. and Frank argued that judicial decisions are influenced by personal experiences and societal context, highlighting judges’ discretionary power. This movement has since shaped modern legal thought, emphasizing the dynamic nature of legal interpretation. (Present status) Judges play a crucial role in shaping laws to reflect contemporary societal values, with legal realism emphasizing judicial discretion and the impact of personal and contextual factors. This approach fosters a pragmatic and flexible legal system, adapting to modern complexities. Ongoing debates focus on balancing judicial independence with accountability and ensuring fair application of the law. (short Explanation) According to realist theory, judges shape the law by interpreting it through their personal experiences, biases, and societal contexts. This makes the law dynamic and adaptable, reflecting socio-economic interests and public policy. ( Research Problem) Researching judges’ roles in law development through realist theory is challenging due to subjective decision-making, personal biases, societal influences, and balancing judicial discretion with legal consistency.(Hypothesis) Judicial decisions, influenced by personal experiences and societal context, create a dynamic legal system that adapts to contemporary needs but can introduce variability and inconsistency.(Possible Reforms)Enhancing judges’ roles in law development can be achieved through rigorous training, increased transparency, a diverse judiciary, and clearer guidelines for judicial discretion.( Aims and Objectives) This research aims to analyze how judges shape legal principles through realist theory, examining its historical development, factors influencing judicial decisions, and the impact on legal consistency. It will also propose recommendations for enhancing judicial training, transparency, and diversity to improve legal outcomes.
KEY WORDS: JUDICIAL DISCRETION, LEGAL REALISM, LEGAL CONSISTENCY, ETC.