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Legal Realism and Legal Positivism [PDF]

open access: yesAvant, 2018
American legal realism is commonly treated as a theory-pariah. The article exposes certain reasons explaining such a treatment. Generally, it seems that such an attitude is a result of many misunderstandings of realist aims and ambitions, some of which ...
Adam Dyrda
doaj   +1 more source

O. Holmes in the History of Legal Realism in the USA and the Problem of Typologizing His Views

open access: yesЮридические исследования, 2022
The article examines the issues of determining the place of O. Holmes' work in the history of legal thought in general and the United States in particular, which remains, according to leading domestic and foreign experts, one of the difficult and cross-
V. Gorban, V. Gruzdev
semanticscholar   +1 more source

Richard Posner summarizes: Legal realism as the response to the challenges of today [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2015
Richard Posner, law professor at the University of Chicago and an American federal judge, one of the founders of economic analysis of law is among the greatest living representatives of contemporary American jurisprudence.
Avramović Dragutin S.
doaj   +1 more source

Digestive jurisprudence restated: On breakfast and digestion as bias-arousers [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2023
Digestive Jurisprudence" is the view that judicial decisions depend on what judges had for breakfast. The view is usually associated with Frank's version of Legal Realism.
Tuzet Giovanni
doaj   +1 more source

Legal model - Scandinavian legal realism

open access: yesPrisma Jurídico, 2006
This study delineates a panorama of Scandinavian Legal Realism. It will not intend to justify this chain of the jusphilophy thought, but yes, to stimulate and to identify the realistic thought and its version in the science of law.
Angela Tacca Fabbris
doaj   +1 more source

Bittersweet Brew: The Socio-Legal Dynamics of Labour in Poland's Culinary Scene

open access: yesLabour & Law Issues, 2023
The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, particularly in Europe. However, this growth is accompanied by operational disparities in adhering to Occupational Safety and Health (OSH) regulations within the ...
Stanislaw Lipiec
doaj   +1 more source

The influence of jurisprudential theories on legal dogmatics in Finland in the area of civil law

open access: yesRevista Direito Mackenzie, 2016
Scandinavian legal realism and its influence on legal dogmatics during 20th century is a characteristic of Nordic jurisprudence. With the help of it and original legislation, Nordic countries have restrained the strong influence of German legal doctrine.
Matti Ilmari Niemi
doaj   +1 more source

Ancient Greek Rhetorical Speeches as a Source of Political Realism Idea

open access: yesStudia 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
doaj   +1 more source

Oliver Wendell Holmes Jr.’s The Path of the Law – die Geburtsstunde des American Legal Realism [PDF]

open access: yes, 2016
In diesem Artikel wird die Bedeutung des 1897 von Oliver Wendell Holmes Jr. veröffentlichten Aufsatzes The Path of the Law für die Entstehung des American legal realism sowie dessen Auswirkungen sowohl auf die juristische Ausbildung, als auch auf die ...
Kai Wörner
core   +1 more source

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