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Iuris Dictio, 2020 This paper is an exercise in legal realism, regarding in particular: (1) legal realism and legal positivism; (2) validity; (3) legal interpretation; (4) the ontology of law; (5) legal cognition; (6) the rule of recognition; (7) the concept of obligation.
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Ancient Greek Rhetorical Speeches as a Source of Political Realism Idea
Studia Iuridica Lublinensia, 2020 From the perspective of the history of political and legal doctrines, the dichotomous way of looking at actuality through the prism of the struggle between realism and idealism is one of the classical approaches to social sciences.
Marcin Niemczyk
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Anali Pravnog Fakulteta u Beogradu, 2021 Implicit in almost all of legal philosophy is the belief that law matters. But is that belief sound, and, if it is, then why, when, where, and how does law matter?
Schauer Frederick
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American Legal Realism: Research Programme and Policy Impact
Utrecht Law Review, 2017 The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s work on the methodology of scientific research programmes as a frame of ...
Frans L. Leeuw
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Clio@Themis, 2017 The past decade has seen a return of interest in empirical research within the U.S. legal academy, hearkening back to a similar empirical turn during the ascendancy of Legal Realism in the New Deal era.
Mark C. Suchman +2 more
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İslam Hukuku Perspektifiyle Hukukî Realizmin Analizi
Cumhuriyet İlahiyat Dergisi, 2022 Bu makalede Amerikan ve İskandinav hukuki realizminde görülen temel iddia ve yaklaşımlar sunularak İslam hukuku ile mukayese edilmiştir. Belirsizliğin esas alınması, hukukî realizmin özünü oluşturmakta olup; İslam hukuku bakımından hukuki realizmde ...
Ayhan Ak
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From Idealism to Realism; a Survey in the Basis of International Law [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2021 Idealism and Realism have always been under considerations by different fields of studies, inter alia, the law. While Idealism pays attention to the emergence of the ideals, Realism relies on the necessity of the acceptance of existent realities ...
S. Ali Hosseiniazad +2 more
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Judgment and Decision Making, 2016 Danziger, Levav and Avnaim-Pesso (2011) analyzed legal rulings of Israeli parole boards concerning the effect of serial order in which cases are presented within ruling sessions. They found that the probability of a favorable decision drops from about 65%
Andreas Glöckner
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Legal Realism and Australian Constitutional Law
, 2022 Our traditional understanding of judicial decision-making is that judges apply the law to a set of facts and reach a result. This is known as legal formalism. But what if this is backwards?
Patrick, Jeremy
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ANTITHETICAL PERSPECTIVE OF LEGAL FORMALISM AND LEGAL REALISM [PDF]
Challenges of the Knowledge Society, 2017 The necessity to outline a historical context is implicit in study of legal theories of formalism and realism. Understanding those notions presumes also understanding the social and polical context from the time of elaboration.
Horatiu MARGOI
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