著者

出水 忠勝

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.22, no.1, pp.43-75, 1971-03-30

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In this article I intend to investigate into Scandinavian legal realism, especially according to the views of Prof. Alf Ross. The legal realists in Scandinavia have, in general, a trend of an empirical philosophy. They reject the idea of an a priori principle of "justice" and develop the realistic theories in accordance with the principles of an empiricism. Prof. Alf Ross is known as a moderate realist among the Scandinavian legal realists. In his book "Towards a Realistic Jurisprudence" (1946), he mainly criticizes the problem of the dualism in law from the realistic point of view, and also in his "On Law and Justice" (1959), describes his own realistic theory. Then I will examine his theory so as to understand the distinctive features of Scandinavian legal realism, and additionally, will compare Scandinavian legal realism with American legal realism. Thus this article is devided into following chapters : 1. Introduction. 2. The premises for the theoretical construction. 3. The development of Legal Realism. 4. Some additional considerations. -Especially the comparison with American Legal Realism- 5. Conclusion.