This essay discusses the legal realism of Axel Hägerström, a Swedish philosopher of law studied at length by Silvana Castignone. Hägerström's choice to have philosophical-legal analyses preceded by a preliminary reflection on the concept of reality deserves recognition. Marra also approves his goal to clearly distinguish legal realism from the currents and authors of legal positivism. However, he judges Hägerström’s orientation in favor of a strict separation between knowing subject and reality as highly problematic, especially when knowledge of social facts is at issue.
Meditazione sul realismo giuridico. Hägerström e la Scuola di Uppsala
R. Marra
2024-01-01
Abstract
This essay discusses the legal realism of Axel Hägerström, a Swedish philosopher of law studied at length by Silvana Castignone. Hägerström's choice to have philosophical-legal analyses preceded by a preliminary reflection on the concept of reality deserves recognition. Marra also approves his goal to clearly distinguish legal realism from the currents and authors of legal positivism. However, he judges Hägerström’s orientation in favor of a strict separation between knowing subject and reality as highly problematic, especially when knowledge of social facts is at issue.
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