Review article
LEGAL REALISM: THEORETICAL FOUNDATION OF INTERDISCIPLINARY OPENING OF LEGAL SCIENCES
Barbara Pisker
; Veleučilište u Požegi
Zrinka Mustapić
; Zagrebačka škola ekonomije i managementa
Predrag Zima
; Pravni fakultet u Osijeku, Hrvatska
Abstract
The choice of research topic resulted from necessity of theoretical indication to problem of discrepancy between social reality and theoretical basis described in laws. As for the authors’ starting point according to which the function of legal standards does not only imply social relationships prescribing but first of all legalization, systematization and sanctioning of existing state to which social relationships have autonomously developed; there arises the question that is not only a problem of cognition, methodology and approach to analysis but also a feature of everyday life and that is: Why are we dealing with norms and not with their implementation? It is theoretical orientation of legal realism that stands for the maxim according to which a law should not be a dead letter (paper law) but the law in practice (law in action) enabling the system to fufill its proclaimed ideals. Thus the goal of this paper is to present an interdisciplinary orientation of legal realism whose theoretical ideas about inclusion of various research tools, primarily deriving from other social sciences (first of all sociology and economy), can contribute to answering the questions about real state of implementation as well as those aiming at an interest basis of the proclaimed goals of social normative frame.
Keywords
Legal realism; American legal realism; integral and critical theory of law; law in implementation; interest-instrumental role of law
Hrčak ID:
85448
URI
Publication date:
21.5.2012.
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