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法律实证主义者

Positivism simply means that the law is something that is “posited”: laws are

validly made in accordance with socially accepted rules. The positivist view on

law can be seen to cover two broad principles: Firstly, that laws may seek to

enforce justice, morality, or any other normative end, but their success or

failure in doing so does not determine their validity. Provided a law is

properly formed in accordance with the rules recognized in the society

concerned, it is a valid law, regardless of whether it is just by some other

standard. Secondly, that law is nothing more than a set of rules to provide

order and governance of society. No legal positivist, however, argues that it

follows that the law is therefore to be obeyed, no matter what. This is seen as

a separate question entirely.

What the law is—is determined by social facts (or “sources”).

What obedience the law is owed—is determined by moral considerations.

法律现实主义

Legal realism was a view popular with some Scandinavian and American writers.

Skeptical in tone, it held that the law should be understood and determined by

the actual practices of courts, law offices, and police stations, rather than as

the rules and doctrines set forth in statutes or learned treatises. It had some

affinities with the sociology of law. The essential tenet of legal realism is

that all law is made by human beings and, thus, is subject to human foibles,

frailties and imperfections.

It has become quite common today to identify Justice Oliver Wendell Holmes,

Jr., as the main precursor of American Legal Realism. The law is little more

than putty in the hands of a judge who is able to shape the outcome of a case

based on personal biases. The chief inspiration for Scandinavian legal realism

many consider to be the works of Axel. Despite its decline in facial popularity,

realists continue to influence a wide spectrum of jurisprudential schools today,

including critical legal studies, feminist legal theory, critical race theory,

and law and economics.

美国律师要遵守道德规范

Every state in the United States has a regulatory body (usually called a

state bar association) that polices lawyer conduct. When lawyers are licensed to

practice in a state, those lawyers subject themselves to this authority. Overall

responsibility often lies with the highest court in a state (such as state

supreme court). The state bar associations, often in consultation with the

court, adopt a set of rules that set forth the applicable ethical duties. As of

2007, 47 states have adopted a version of the American Bar Association’s model

rules. One state, New York, follows a version of the ABA’s older ethical model,

the Model Code of Professional Responsibility. California and Maine are the only

states that have not adopted either—instead these states have written their own

rules from scratch.

Lawyers who fail to comply with local rules of ethics may be subjected to

discipline ranging from private (non-public) reprimand to disbarment.