Which legal theory emphasizes the role of judges in shaping law through their decisions?

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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!

Legal realism emphasizes the role of judges in shaping law through their decisions, reflecting the belief that law is not just a set of abstract rules but is also influenced by social contexts and the realities of judicial processes. Legal realists argue that the personal beliefs, experiences, and backgrounds of judges can significantly impact how laws are interpreted and applied in various cases. This perspective views judicial decisions as a way for judges to actively mold and influence legal principles, leading to a more adaptable and responsive legal system.

In contrast, interpretative jurisprudence focuses on the understanding of legal texts and the intentions behind them rather than the decisions of judges. Legal formalism is concerned with the strict application of established legal doctrines and rules, often dismissing the influence of the judge's personal views. Critical race theory examines the intersection of race and law, highlighting how laws may perpetuate systemic inequalities, but it does not primarily focus on the role of judges in shaping law.

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