On the aspects of new legal realism

Автор: Gruzdev Vladimir Sergeyevich

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 1, 2020 года.

Бесплатный доступ

The study examines a new trend in modern legal thought, which in the last two decades, mainly in the United States and Australia, has become popular and is to change the organizational paradigm while interacting with various social sciences. As envisaged by the developers and followers of this school of thought, it should replace the traditional legal science with a special quality of “social and legal knowledge” on the basis of a more effective interdisciplinary interaction of jurisprudence, political science, economics, and sociology. The study analyzes the programs and views of the leading new legal realists. A narrow-range-of-tool and behavioristic-based interpretation of law is scrutinized, which, in fact, is neglected as a problem of legal science. At the same time, reproducing the problems of the free law movement and classical American legal realism as a “new” field of research, the new legal realists remain within the sociological context in legal science.

Еще

Legal realism, new legal realism, empirical legal studies, legal behaviorism, concept of law, empirical theory of law, models of judicial behavior, the judge's personality

Короткий адрес: https://sciup.org/149132896

IDR: 149132896   |   DOI: 10.24158/tipor.2020.1.17

Статья научная