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Legal process (jurisprudence)


The legal process school (sometimes "legal process theory") was a movement within American law that attempted to chart a third way between legal formalism and legal realism. Drawing its name from Hart & Sacks' textbook The Legal Process (along with Hart & Wechsler's textbook The Federal Courts and the Federal System considered a primary canonical text of the school), it is associated with scholars such as Herbert Wechsler, Henry Hart, Albert Sacks and Lon Fuller, and their students such as John Hart Ely and Alexander Bickel. The school grew in the 1950s and 1960s. To this day, the school's influence remains broad.

Although legal process is no longer popular by name, particularly in the academy, it can be seen as harmonizing with both major modern schools of judicial thought, textualism and purposivism, depending on which of the foregoing assumptions are emphasized.

International legal theory


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