Search for dissertations about: "legal realism"

Showing result 1 - 5 of 7 swedish dissertations containing the words legal realism.

2. 1. A Call for Scientific Purity : Axel Hägerström's Critique of Legal Science

   Author : Max Lyles; Claes Peterson; Marie Sandström; Heikki Pihlajamäki; Stockholms universitet; []
   Keywords : HUMANIORA; HUMANITIES; Legal history; Axel Hägerström 1868-1939 ; Uppsala School; Scandinavian Legal Realism; philosophy; anti-metaphysics; anti-subjectivism; legal philosophy; legal science; legal positivism; legal realism; Begriffsjurisprudenz; natural law; Sweden; Legal history; Rättshistoria; Historia; History;

   Abstract : 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. READ MORE

4. 2. The Common Good in Common Goods - The Decommodification of Fundamental Resources through Law

   Author : Saki Bailey; Göteborgs universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; commons; common goods; shareable goods; legal theory; social theory; socio-legal theory; property theory; critical legal theory; critical approaches to law; post-capitalist approaches to law; post-marxist approaches to law; post-liberal approaches to law; legal foundations of the market; embedding the market; strategic decommodification; decommodification; democratization of the economy; equitable access to resources; social property relations; housing policy; housing law; third-sector housing; shared limited equity; community land trusts; housing cooperatives; baugruppen; bostadsrätt; resource specific analysis; economic analysis of resources; neoliberalism.;

   Abstract : 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. READ MORE

5. 3. The Policy of Law : A Legal Theoretical Framework

   Author : Mauro Zamboni; Jes Bjarup; Bruce Anderson; Stockholms universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; law-making; politics; policy; jurisprudence; law; Jurisprudence; Allmän rättslära;

   Abstract : 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. READ MORE

6. 4. Citing Matters : An Analysis of the Use of Judicial Decisions in International Criminal Law Adjudication through the Lens of Law-Making

   Author : Letizia Lo Giacco; Juridiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Judicial decisions; International law-making; Citation; International criminal law; International courts; Domestic courts; Discretion; Authority; Legal realism; Empirical; Practices; Reiteration; Dynamic process; International law; Internationell rätt; Internationell straffrätt; Hänvisning;

   Abstract : 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. READ MORE

7. 5. On the Ontology of Love, Sexuality and Power : Towards a Feminist-Realist Depth Approach

   Author : Lena Gunnarsson; Liisa Husu; Andrew Sayer; Örebro universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Roy Bhaskar; critical realism; dialectical critical realism; feminist theory; gender; Anna G. Jónasdóttir; love power; new materialism; ontology; philosophy of metaReality; sexuality; Gender Studies; Genusvetenskap;

   Abstract : The thesis offers a theoretical account of how and why, in contemporary western societies characterized by formal-legal equality and women’s relative economic independence, women continue to be subordinated to men through sexuality and love. By means of an innovative application of Roy Bhaskar’s critical realism, dialectical critical realism and philosophy of metaReality, it investigates and elaborates Anna G. READ MORE