Results 261 to 270 of about 1,659,673 (341)

On benefits of new legal realism for international tax scholarship

Transnational Legal Theory, 2023
Specialists in international tax law tend to adopt a legal positivism perspective. Although not without merit, legal positivism alone offers an incomplete understanding of international tax law for the purposes of legal theory, law-making and practice ...
V. Plekhanova
semanticscholar   +1 more source

Legal Realism and ‘Working’ Rules

Canadian Journal of Law & Jurisprudence, 2022
The American Legal Realists offered several hypotheses about alternative drivers of official decision-making (i.e., considerations other than the rules on the books).
David Frydrych
semanticscholar   +1 more source

European New Legal Realism: Towards a basic science of law

Research Handbook on Modern Legal Realism, 2021
This chapter outline the position of European New Legal Realism (ENLR) and compares it to variations of American Legal Realism (ALR), new and old. We argue that the fundamental difference between the ENLR and ALR is its turn – or return – to epistemology.
J. V. Holtermann, M. Madsen
semanticscholar   +1 more source

The life of the law has not been logic it has been experience: International legal ethnography and the New Legal Realism

, 2021
Scholars in law and the social sciences are calling into question the conventional doctrinal account of how international law works. We join this chorus by extolling the virtues of a new method for studying the social life of international law ...
Jens Meierhenrich, Richard Wilson
semanticscholar   +1 more source

American Legal Realism

Knowing What the Law Is, 2021
I. ANTECEDENTS The Common Law (1881) "The Origin and Scope of the American Doctrine of Constitutional Law" (1893) The Path of the Law (1897) Lochner v.
William W. Fisher, Morton J. Horwitz, T. Reed   +2 more
openaire   +2 more sources

Legal Realism Now

California Law Review, 1988
Joseph William Singer, Laura Kalman
semanticscholar   +3 more sources

Scandinavian legal Realism

Аграрное и земельное право, 2021
V. Gruzdev
openaire   +2 more sources

An Analysis of Legal Realism’s Influence on Modern Dispute Resolution Practices

Legal Research & Analysis
Legal realism as a jurisprudence movement has substantially transformed the modern jurisprudence of dispute resolution by discrediting the formalistic foundations of law and advocating the practical and contextual solutions.
Daniyal Shoukat
semanticscholar   +1 more source

Legal Realism as a Type of Modern Integrative Legal Understanding

Leningrad legal journal
The article is a review of E. N. Tonkov's monograph "Russian Legal Realism" (2024), in which the author comprehensively explores the phenomenon of Russian legal realism.
R. Romashov, G. T. Romashova
semanticscholar   +1 more source

Between holism and realism: H. Kelsen’s two theories of legal conflicts

RUDN Journal of Law
H. Kelsen’s pure theory of law, which emerged as a key reference point for the development of modern legal positivism in the 20th century, has had a profound impact on jurisprudence and philosophical theory of norms.
A. Kraevsky
semanticscholar   +1 more source