Hermann Kantorowicz and free law school: European roots of American legal realism

Автор: Kulikova Maria S.

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 5, 2021 года.

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The twentieth century was marked by the emergence of the legal realism movement in legal science, which subsequently gave rise to a heated debate that had not lost its relevance to the present day. The founder of the free law school H. Kantorowicz (1877-1940) singled out two main postulates, on which the ideas of realists are based (the first postulate - on the nature of law, the second - on the nature of jurisprudence), noting their continuity with the sociological jurisprudence (in the question of the nature of jurisprudence) and free law school (in the question of the nature of law). The article attempts to prove the relationship between legal realism and the free law school and to trace the continuity of the main ideas of American realists, referring in particular to the polemic of H. Kantorowicz with one of the most prominent representatives of American legal realism, K.N. Llewellyn, which has not been yet covered in the domestic philosophy of law.

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Free law, judicial methodology, legal realism, sources of law, judicial law-making, legal nature, sociological jurisprudence, «formal» law

Короткий адрес: https://sciup.org/149132644

IDR: 149132644   |   DOI: 10.24158/pep.2021.5.13

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