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A Real MindA Realist Awakening: The Hidden Clockwork of Law

A Real Mind: A Realist Awakening: The Hidden Clockwork of Law [One of the most renowned ideas of Scandinavian realism is law as a mechanism, a sort of clockwork. This thesis is usually said to parallel similar views in other anti-formalistic movements, particularly American realism.While handbooks in legal theory and philosophy of law have posited the two traditions of legal realism as parallel for decades, recent studies add doubt to the resemblance conjecture. It should be said that some doubts were expressed even earlier: W. Friedmann, Legal Theory, Columbia University Press, New York 1967, pp. 304–305; H. McCoubrey, N.D. White, Textbook on Jurisprudence, Blackstone Press, London 1999³, p. 178; W. Twinning, Talk about Realism, in «New York] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Real MindA Realist Awakening: The Hidden Clockwork of Law

Part of the Law and Philosophy Library Book Series (volume 87)
A Real Mind — Aug 21, 2009

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Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media B.V. 2009
ISBN
978-90-481-2894-5
Pages
137 –169
DOI
10.1007/978-90-481-2895-2_5
Publisher site
See Chapter on Publisher Site

Abstract

[One of the most renowned ideas of Scandinavian realism is law as a mechanism, a sort of clockwork. This thesis is usually said to parallel similar views in other anti-formalistic movements, particularly American realism.While handbooks in legal theory and philosophy of law have posited the two traditions of legal realism as parallel for decades, recent studies add doubt to the resemblance conjecture. It should be said that some doubts were expressed even earlier: W. Friedmann, Legal Theory, Columbia University Press, New York 1967, pp. 304–305; H. McCoubrey, N.D. White, Textbook on Jurisprudence, Blackstone Press, London 1999³, p. 178; W. Twinning, Talk about Realism, in «New York]

Published: Aug 21, 2009

Keywords: Legal Order; Legal Scholar; Legal Duty; Political Obligation; Legal Realism

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