The idea that courts create law through their accumulated decisions best describes which concept?

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Study for the ASU CRJ100 Exam 1. Use flashcards and multiple choice questions with hints and explanations. Prepare effectively for success!

The concept that courts create law through their accumulated decisions aligns closely with legal realism. Legal realism emphasizes that the law is not a set of established rules to be applied in a vacuum, but evolves through the interpretations and rulings of judges in actual cases. This perspective recognizes that judicial decisions can shape legal principles and establish precedents that influence future cases. Legal realists argue that the way laws are applied is just as important as the laws themselves, taking into account the societal context and the lived experiences of people.

Legal positivism, on the other hand, suggests that law is a set of rules and statutes that are to be followed without considering the moral implications or the social contexts. Natural law theory posits that certain rights are inherent by virtue of human nature and can be understood through reason, independent of enacted laws. Sociological jurisprudence studies the relationship between law and society, focusing on how social forces shape the law and its application but does not necessarily emphasize judicial decision-making as the primary source of law in the same way that legal realism does.

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