A study of the genesis and evolution of American legal pragmatism

Автор: Gruzdev V.S.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2021 года.

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The paper deals with the problem of the formation of American law from the point of view of its typical characteristics, such as legal realism, which in modern literature is very one-sided and inaccurately considered as an “invention" of American lawyers. The ideological and aesthetic aspiration of a whole galaxy of American lawyers to the characterization of their practical and partly educational attitudes (practical values) as realism is largely a set of slogans and appeals, the actual theoretical core of which was formed and strengthened thanks to pragmatism. It is concluded that a sharp break with legal concepts and the lack of even attempts to give a concept to their own practical paradigm, focusing exclusively on the behavioristic aspects of the court’s work, lead to a logical assessment of “American legal realism" as sociological nominalism.

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Pragmatism, legal realism, sociological nominalism, sociological jurisprudence, judicial functions, empiriocriticism, subjective idealism, relativism

Короткий адрес: https://sciup.org/149134465

IDR: 149134465   |   DOI: 10.24158/tipor.2021.3.8

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