In the transformation of American law between the Nineteenth and Twentieth centuries, Holmes and Pound grasp those new elements that are no longer negligible in legal science. Concrete experience, social facts and the cultural environment exert an irrepressible pressure on law and deter mine a continuous flow of normative transformation. Formalism on the one hand and natural law on the other, in the rigidity of their perspectives, pro pose an inauthentic concept of law because it is detached from the “facts” to which the scientific approach must adhere.
I tranelli dell'antiquariato e la giurisprudenza meccanica: Holmes e Pound sulla critica della scienza giuridica
Chiarella Paola
2021-01-01
Abstract
In the transformation of American law between the Nineteenth and Twentieth centuries, Holmes and Pound grasp those new elements that are no longer negligible in legal science. Concrete experience, social facts and the cultural environment exert an irrepressible pressure on law and deter mine a continuous flow of normative transformation. Formalism on the one hand and natural law on the other, in the rigidity of their perspectives, pro pose an inauthentic concept of law because it is detached from the “facts” to which the scientific approach must adhere.File in questo prodotto:
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