Which legal philosophy is characterized by the assertion that law evolves from judicial decisions?

Legal Realism is the legal philosophy that asserts that law evolves primarily from judicial decisions. This approach emphasizes that law is not a set of fixed rules but is shaped by the realities of how it is applied in the judicial system. Legal realists argue that judges make decisions not solely based on statutory law or precedent, but also influenced by social, political, and economic factors.

This perspective highlights the importance of the judiciary in interpreting and developing the law over time, reflecting practical realities rather than abstract principles. In contrast, Legal Positivism focuses on the law as it is written and established by legislatures rather than evolving through judicial interpretation. Critical Theories of Law examine the relationship between power structures and law, often critiquing the law itself rather than emphasizing its development through judicial rulings. Legal Paternalism involves laws that restrict individual freedoms for a person's own good and does not specifically address the evolution of law through judicial decisions.

Thus, Legal Realism precisely captures the idea that law is inherently dynamic, shaped through the outcomes of court cases and judicial reasoning.