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Passage: Legal Realism emerged in the early 20th century as a challenge to the 'formalist' view that law is a rational, mechanical system of rules. Realists, such as Oliver Wendell Holmes Jr., argued that 'the life of the law has not been logic: it has been experience.' They contended that judges do not simply discover the law through objective deduction; rather, their decisions are shaped by their personal biases, social backgrounds, and political convictions. For a Realist, understanding what the law is requires looking at what courts actually do, not what they say in their formal opinions. Formalism, they argued, was a 'transcendental nonsense' that masked the subjective nature of adjudication. While formalism seeks certainty, realism embraces the messy reality of human judgment. This shift in perspective fundamentally altered legal education, moving away from the memorization of cases toward the study of the social forces that drive them.
Which of the following best describes the 'formalist' view as presented ?
- The study of social forces is the only way to predict judicial outcomes.
- Adjudication is a subjective process driven by the personal experiences of the judge.
- Law is a mechanical system where outcomes are derived through objective logic.
- Case law should be replaced by a scientific code of ethics to ensure absolute neutrality.
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