What does legal realism assert?

Legal realism asserts that law is shaped by social, economic, and contextual factors, particularly emphasizing that the interpretations and decisions made by judges play a central role in shaping the law. This perspective acknowledges that the law is not just a set of rigid rules found in statutes or legal codes; rather, it is influenced by the real-world circumstances in which it is applied.

Judges, through their rulings, interpret laws and can adapt their understanding based on societal needs, circumstances of individual cases, and prevailing values. Hence, legal realism highlights the importance of judicial discretion and the practical realities that affect legal outcomes, which aligns perfectly with the assertion that "whatever the judge says it is." This approach contrasts with more formalistic views of law that suggest it is static or solely defined by written texts, thereby showcasing the dynamic and evolving nature of legal interpretation within society.

Understanding legal realism is crucial for recognizing how the law functions in practice and how judicial decisions reflect and respond to the complexities of social life.