The influence of jurisprudential theories on legal dogmatics in Finland in the area of civil law
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. Legal realism is a naturalistic approach to l...
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| Format: | Article |
| Language: | English |
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Universidade Presbiteriana Mackenzie
2016-08-01
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| Series: | Revista Direito Mackenzie |
| Online Access: | http://editorarevistas.mackenzie.br/index.php/rmd/article/view/9780 |
| Summary: | 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. Legal realism is a naturalistic approach to law: law is treated as a psychological
phenomenon. On the level of legal dogmatics, legal realism emancipated scholars to make fruitful analyses. Analysis of ownership is the most important example. Nordic functional?analytical legal dogmatics has survived even though legal realism as its philosophical foundation has lost its credibility. The author of the paper states that such analyses can be made founded on different philosophical theories, even a theory who denies the ontological dimension of law. |
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| ISSN: | 2317-2622 |