ABSTRACT
Essentially, realist jurists envisage a science of law as built upon a study of law in action. ‘Law is as law does.’ The philosophical roots of this approach are to be found in the teachings of the American writers, William James (1890-1922) and John Dewey (1859-1952). In broad terms, the basis of ‘realism’ rests on the belief that when we perceive, we are aware of things existing independently of us; implicitly, therefore, this belief involves a rejection of the view that what is perceived is no more than private sense-data. The investigation of a phenomenon such as law necessitates an application of objective procedures uninfluenced by sentiment or idealism.
