Legal Realism: American and Scandinavian
As one of the most important movements in twentieth century legal thought, legal realism continues to be a source of controversy and inspiration. This study provides the first critical comparison and evaluation of American and Scandinavian legal realism. Presenting, evaluating, and reformulating the basic ideas of American legal realists such as Karl Llewllyn, Walter Wheeler Cook, Herman Oliphant, Jerome Frank, and Underhill Moore in the first part of the book, the author devotes the second part to a critical appraisal and reformulation of the major doctrines of Scandinavian legal realists such as Axel H gerstr m, A. V. Lundstedt, Karl Olivecrona, and Alf Ross. The book also reveals the misunderstanding of legal realism by legal philosophers such as H. L. A. Hart and Ronald Dworkin and the connections of legal realism to the critical legal studies movement.
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AMERICAN LEGAL REALISM
Five American Legal Realists
Evaluation of American Legal Realism
6 other sections not shown
According actual advocated American legal realism analysis of legal applied approach argued assumption Axel Hagerstrom believed coercive reaction Concept of Law context Cook courts Critical Legal Studies critique definition of law ethical example facts factually meaningless follow Frank function H.L.A. Hart Hart Hart's Holmes Ibid ideas influence institutional interpretation investigation Jerome Frank judges judicial behavior judicial decisions Jurisprudence justice Karl Llewellyn Karl Olivecrona law and morality Law Review lawyers legal concepts legal language legal notions Legal Philosophy legal positivism legal positivists legal rights legal rules legal scientists legal sentences legal system legal validity logical Lundstedt maintained maxim meaning metaphysical Moore nature of law norms of competence objective Oliphant Olivecrona PDRP Philosophy of Law point of view predictive definition problems psychological reasons rejected relevant research program Ross Ross's rule skepticism Scandinavian legal realism scientific social science stare decisis statements Subsequent references suppose tion true nor false value judgments