By Alan Hunt
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Extra resources for The Sociological Movement in Law
This ideology asserts the neutrality and impartiality of the role and function of legal professionals. It is within his ideological context that legal professionals see themselves as the technicians of legal rules. Two consequences stem from the perception of law as rules; on the one hand it gives rise to a strongly practical orientation and on the other to a general theoretical weakness. 1 1 0 The desire to render useful service to the practitioner has been seen as influencing Pound's concerns; it will be seen to be even more pronounced in the case of American legal realism.
4 0 The radical debunking facet of Realism was manifested in the ventures into the production of satirical journals, the Harvard Law Revue and the Yale Law jumble. '41 The confrontation with legal traditionalism had the consequence of the Realists defining themselves negatively and resulted in a failure to elaborate the theoretical foundation upon which they might have built an alternative approach. This failure in some large measure accounts for the failure of the movement to coalesce into a 'school' and resulted in the process of decline and fragmentation that set in during the thirties.
The consequence of the dissatisfaction with Poundian sociological jurisprudence was that the Realists drew their primary intellectual stimulus riot from previous juristic development but rather self-consciously sought to build a theory of law upon pragmatic philosophy. The crucial link between the Realists and pragmatic philosophy was provided by Oliver Wendell Holmes. 2 1 His role is central not only because of his eminence amongst legal professionals, 2 2 nor simply because of the important part he played, along with Pound, in attacking traditional jurisprudence, but 42 The Sociological Movement in Law specifically because of his direct and close association with the leading figures of pragmatism.