Results 321 to 330 of about 1,811,795 (386)
Some of the next articles are maybe not open access.
An Analysis of Legal Realism’s Influence on Modern Dispute Resolution Practices
Legal Research & AnalysisLegal 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
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
semanticscholar +1 more source
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
semanticscholar +1 more source
Sistem Pemidanaan Indonesia Ditinjau dari Pendekatan American Legal Realism dan Scandinavian Realism
Simbur Cahaya, 2019Criminal law aims to prevent or inhibit the actions of the community that are not in accordance with applicable legal rules. The problem of criminal conviction or imposition is very interesting.
Selviria Selviria
semanticscholar +1 more source
Legal Realism and Legal Positivism Reconsidered
Ethics, 2001Abstract This chapter challenges two widespread views about the relationship between the jurisprudential theories known as ‘Legal Realism’ and ‘Legal Positivism’. The first is that the two doctrines are essentially incompatible or opposed at the philosophical or conceptual level. The second is that Legal Realism is a jurisprudential joke,
openaire +2 more sources
SSRN Electronic Journal, 2012
What makes hard cases hard, and what makes easy cases easy? A common response to H.L.A. Hart’s (mis)reading of Legal Realist is that the Realists offered their arguments solely in the context of the hard or indeterminate cases likely to find their way into appellate courts. Llewellyn, for example, made clear that his claims were restricted to “any case
openaire +2 more sources
What makes hard cases hard, and what makes easy cases easy? A common response to H.L.A. Hart’s (mis)reading of Legal Realist is that the Realists offered their arguments solely in the context of the hard or indeterminate cases likely to find their way into appellate courts. Llewellyn, for example, made clear that his claims were restricted to “any case
openaire +2 more sources
SSRN Electronic Journal, 2008
Legal realism is well known, but generally misunderstood. Through a close examination of the work of the legal realists and their predecessors, this article presents a complete reconstruction of legal realism. The most startling finding of this article is that all the key insights now identified with the realists were set forth by prominent jurists ...
openaire +2 more sources
Legal realism is well known, but generally misunderstood. Through a close examination of the work of the legal realists and their predecessors, this article presents a complete reconstruction of legal realism. The most startling finding of this article is that all the key insights now identified with the realists were set forth by prominent jurists ...
openaire +2 more sources
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.
openaire +2 more sources
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
semanticscholar +1 more source