REALIST SCHOOL

Bayhon, Anthony Rey p.

Cementina, john glenn
Collamar, nicole
Guyo, donna grace
Ilas, raselo

Realist School
The realists defined law not as a set of logical propositions but in terms of official action.
Law can have a little weight in legal evolution. Society is always changing, moral judgements
are developing, and the law therefore is in state of flux.

Justice Oliver Wendell Holmes Jr.

He was an American jurist who served as an Associate Justice and later acting Chief Justice of
the Supreme Court of the United States.

Buck vs. bell, 247 U.S. 200

 ISSUE/LEGAL DISPUTE
Whether or not Virginia’s Forced Sterilization Law denied Buck her right to due process
and equal protection under the Fourteenth Amendment

 Applicable Law
Virginia Sterilization Act

 Analysis of facts
Carrie Buck was a “feeble minded” woman who was committed to a mental health
facility. Both Buck’s mother and daughter were feeble minded. It was believed that the
mental affliction was hereditary. Accordingly, the superintendent of the mental health
facility recommended sterilization of Buck.

 Analysis of Argument
BUCK BELL
Sterilization would hinder her right to Sterilization would promote “both the
procreate health of the individual patient and the
welfare of society.”

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  Conclusion
In order for society not to be “swamped with incompetence,” having the sterilization of
some mentally incompetent persons is permitted. Further, the sterilization process
cannot occur until after a long hearing process. Justice Holmes, writing for the majority,
noted that “[t]hree generations of imbeciles are enough.”

With regard to equal protection, there is no equal protection problem by the statute
focusing only on people in certain mental institutions rather than the public at
large. The “law does all that is needed when it does all that it can,” as it assumes most
mentally deficient people are in the relevant institutions.

Abrams vs. united states, 250 u.s. 616

 Issue/Legal Dispute
Whether or not the amendments to the Espionage Act or the application of those
amendments in this case violate the free speech clause of the First Amendment

 Applicable Law
Espionage Act

 Analysis of facts
In 1918, the United States participated in a military operation on Russian soil against
Germany after the Russian revolution overthrew the tsarist regime. Russian immigrants
in the us circulated literature calling for a general strike in ammunition plants to
undermine the us war effort. The defendants were convicted for two leaflets thrown
from a new york city window. One denounced the sending of American troops to
Russia, and the second denounced the war and advocated for the cessation of the
production of weapons to be used against soviet Russia. They were sentenced to 20
years in prison.

 Analysis of Argument
ABRAMS UNITED STATES
That the only intent was to prevent injury Men must be held to have intended, and to
to the Russian cause be accountable for, the effects which their
acts were likely to produce

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  Conclusion
When the purpose of written material is to excite disaffection, sedition, riots, and
revolution to possibly defeat the military plans of the U.S., the First Amendment does
not protect that speech. Therefore, the defendants can be prosecuted under the
espionage act.

In a dissenting opinion, Justice Oliver Wendell Holmes argued that the First
Amendment protects the right to dissent from the government’s viewpoints and
objectives. Protections on speech, he continued, should not be curtailed unless there is a
present danger of immediate evil, or the defendant intends to create such a danger. The
evidence in this case consisted of two leaflets, which he concluded did not meet the
“clear and present danger” test

The get-real theory

Sometimes labelled as “pragmatic jurisprudence”, focuses on these human realties that are often
overlook by hard law, technicalities, and abstract policies.
Justice Holmes argues on “the bad man model”, that in crafting law or deciding always think
from the perspective of the bad man, not the good man as the bad man, at the end of the day,
cares only for the consequence of the law, of what the courts will do to him, and the rest are
irrelevant.

It tells the law and law practitioner to get real – if the law reflects practical experience.
Law is determined by the actual practices of courts, law officers, law enforcers; by real word
practice. Human factors and realities are unavoidable in hard cases and judges must be able to
take these into consideration.

Social Darwinism
Charles Darwin published his notions on natural selection and the theory of evolution in his
influential 1859 book On the Origin of Species
Darwin’s theory of evolution by natural selection was a scientific theory focuses on explaining
his observations about biological diversity.

Social Darwinism
Spencer applied the idea of “survival of the fittest” to so-called laissez faire or unrestrained
capitalism during the Industrial Revolution, in which businesses are allowed to operate with
little regulation from the government.

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The eugenics movement focuses on eliminating undesirable traits from the population.
Proponents of the eugenics movement reasoned the best way to do this was by preventing
“unfit” individuals from having children.

Hitler adopted the social Darwinist take on survival of the fittest.

He believed the German master race had grown weak due to the influence of non-Aryans in
Germany. To Hitler, survival of the German “Aryan” race depended on its ability to maintain
the purity of its gene pool.

Social Darwinism in gilded age

The Gilded Age in United States history was an era of rapid economic growth that occurred
during the late 19th Century.

Social Darwinism was used as a justification for American imperialism in Cuba, Puerto Rico,
and the Philippines following the Spanish-American War, as many adherents of imperialism
argued that it was the duty of white Americans to bring civilization to “backwards” peoples.

Critical legal realism

Cariño vs. Insular Government

 Issue/Legal Dispute
Whether or not the plaintiff owns the land.

 Applicable Law
Treaty of Paris
Law of Spain (Spanish Law)
Bill of Rights

 Analysis of facts

The applicant and plaintiff in error is an Igorot of the Province of Benguet, where the
land lies. For more than fifty years before the Treaty of Paris, April 11, 1899, as far back
as the findings go, the plaintiff and his ancestors had held the land as owners. It is
suggested that, even if the applicant have title, he can not have it registered, because the
Philippine Commission's Act No. 926, of 1903, excepts the Province of Benguet among
others from its operation. But that act deals with the acquisition of new titles by
homestead entries, purchase, etc., and the perfecting of titles begun under the Spanish

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 law. The applicant's claim is that he now owns the land, and is entitled to registration
under the Philippine Commission's Act No. 496, of 1902, which established a court for
that purpose with jurisdiction "throughout the Philippine archipelago," section 2, and
authorized in general terms applications to be made by persons claiming to own the
legal estate in fee simple, as the applicant does. He is entitled to registration if his claim
of ownership can be maintained.

 Analysis of Argument

CARIÑO INSULAR GOVERNMENT
That the plaintiff and his ancestors had That the plaintiff's land was not registered,
held the land as owners as far back as and therefore became, if it was not always,
findings go. (For more than 50 years public land
before the treaty of Paris.)

They all had been recognized as owners That the United States succeeded to the
by the Igorots, and he had inherited or title of Spain, and so that, the plaintiff has
received the land from his father, in no rights that the Philippine government is
accordance with Igorot custom. bound to respect.

 Conclusion
The plaintiff should be granted what he seeks, and should not be deprived of what by
the practice and belief of those among whom he lived, was his property, through a
refined interpretation of an almost forgotten law of Spain.

JUDICIAL ACTIVISM

ESTRADA VS. DESIERTO

 Issue/Legal Dispute
P
 Applicable Law
P
 Analysis of facts
P
 Analysis of Argument
 Conclusion
P
The end

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