Sökning: "legal realism"
Visar resultat 1 - 5 av 10 avhandlingar innehållade orden legal realism.
Sammanfattning : The subject matter of this study forms an analysis of Axel Hägerström’s (1868-1939) theories of law and legal science - ideas that were formative both for the Uppsala School and Scandinavian Legal Realism. By means of a close analysis of Hägerström’s epistemology and ontology, the general principles of his theory of science have been outlined, especially the marked stance of anti-metaphysics (anti-subjectivism), the logical notion of reality, and the application of conceptual analyses. LÄS MER
2. Den bioetiske udfordring : Et retspolitisk studie om forholdet mellem etik, politik og ret i det lovforberedende arbejde vedrørende bio- og genteknologi i Danmark, Norge og Sverige
Sammanfattning : Biotechnology and genetic engineering raise a number of new ethical problems. Consequently, over the past 15 years, several European countries, including the Nordic countries, have passed new laws in an attempt to deal with the ethical problems posed by biotechnology. LÄS MER
Sammanfattning : This dissertation is divided into three parts. Part I analyzes the Commons as a post-capitalist strategy accomplished through law by developing an alternative social theory of the market as a social institution. LÄS MER
Sammanfattning : This work aims at framing, from a normative perspective, a field in which to locate one of the means of allowing politics to become law: the policy of law. The first part is devoted to the exploration of the relationship between law and politics as considered by major current schools of legal theory, such as legal positivism (Kelsen), analytical jurisprudence (Hart), Finnis’ natural law theory, American and Scandinavian legal realism, Critical Legal Studies and Law and Economics. LÄS MER
5. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making
Sammanfattning : The present research investigates the formative processes of international criminal law through the iterative citation of judicial decisions in adjudicatory practices. Given the centrality of the judge in the adjudication of international criminal law, this study is underpinned by a legal realist approach to international law informed by the work of Alf Ross (Scandinavian Legal Realism) and Gregory Shaffer (New Legal Realism), according to which the meaning of legal rules and principles is not autonomous from how they are empirically practiced and interpreted by courts. LÄS MER