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Sociological Jurisprudence and Legal Realism as a Basis for the Development of Judicial Law-Making
Journal of Advanced Research in Law and Economics, 2019The aim of the present work is to study the role of sociological jurisprudence and legal realism for the development of judicial law making in the modern legal system.
G. E. Adygezalova
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Nordic Histories of Human Rights, 2018
Scandinavian Legal Realism occupies a controversial space in Nordic historiography. Some celebrate it as the legal philosophy of the democratic and egalitarian Nordic welfare state; others scorn it for having contributed to a state-apologetic and rights ...
Johan Strang
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Scandinavian Legal Realism occupies a controversial space in Nordic historiography. Some celebrate it as the legal philosophy of the democratic and egalitarian Nordic welfare state; others scorn it for having contributed to a state-apologetic and rights ...
Johan Strang
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Legal Realism and Legal Doctrine
2020Legal realism is popularly known for its hostility to legal doctrine. In the familiar narrative, the realists showed that legal doctrine does not, and cannot, constrain judges from using existing legal materials to reach virtually any outcome they want. As such, doctrine only serves to hides and obfuscate what is better discussed openly. The purpose of
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2019
Abstract U.S. historians have long considered the Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. One marker of this was the postwar search for a “Great American Novel”—a novel fully adequate to the breadth and ...
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Abstract U.S. historians have long considered the Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. One marker of this was the postwar search for a “Great American Novel”—a novel fully adequate to the breadth and ...
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Oxford Handbooks Online, 2018
This chapter considers what might be called the ‘realist puzzle’: How can scholars who otherwise agree on very little all see themselves as legal realists?
Dan Priel
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This chapter considers what might be called the ‘realist puzzle’: How can scholars who otherwise agree on very little all see themselves as legal realists?
Dan Priel
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2018
‘Legal realism’ is the term commonly used to characterize various currents of twentieth-century legal thought which stand opposed to idealism. (Hence, ‘realism’ in this context ought to be understood not as a body of thought which opposes nominalism, but as an instance of nominalism.) In the Scandinavian countries, legal realism was modelled on Axel ...
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‘Legal realism’ is the term commonly used to characterize various currents of twentieth-century legal thought which stand opposed to idealism. (Hence, ‘realism’ in this context ought to be understood not as a body of thought which opposes nominalism, but as an instance of nominalism.) In the Scandinavian countries, legal realism was modelled on Axel ...
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Legal Realism in Soviet and Russian Jurisprudence
Review of Central and Eastern European Law, 2018Soviet law is often viewed as based on legal positivism, while its ideological background and the practices of political interference are considered in an extralegal (political) dimension. This logic prompts conclusions about the dual character of Soviet
M. Antonov
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SSRN Electronic Journal, 2002
This essay sets out the main elements of the revisionary and philosophical interpretation of the jurisprudence of American Legal Realism that I have developed in a series of articles over the last decade. This reading emphasizes the commitment of all the Realists to a core descriptive claim about adjudication (judges respond primarily to the underlying
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This essay sets out the main elements of the revisionary and philosophical interpretation of the jurisprudence of American Legal Realism that I have developed in a series of articles over the last decade. This reading emphasizes the commitment of all the Realists to a core descriptive claim about adjudication (judges respond primarily to the underlying
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Legal Realism and Legal Positivism
2014In this chapter, I argue that even though Olivecrona explicitly rejects legal positivism, conceived as the theory that law is the content of a sovereign will, he is best understood as a legal positivist as this theory is understood by contemporary jurisprudents.
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Legal Realism and Legal Reasoning: A Quasi-Realist Approach
Vienna Lectures on Legal Philosophy, Volume 2, 2019Legal philosophers who espouse an expressivist (or non-cognitivist) meta-ethics may fairly be said to have adopted an anti-normativist position in law. This is so because they hold that moral statements do not aim to report (moral) facts or to describe ...
Torben Spaak
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