Resumo

MALMINEN, Toni. Scandinavian Legal Realism – Some Unfinished Business.Traduzido porFrancisco J. Campos Zamora. Isonomía [online]. 2019, n.50, pp.151-173.  Epub 07-Ago-2020. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.v0i50.161.

This essay reviews some recent literature on legal realism in general and Scandinavian realism in particular. Gazing forward, it also proposes two further lines of investigation. It suggests that historical studies should illuminate legal realism as part of a long-term (c. 1860-1960) intellectual shift in Western social thought, a shift precipitated by socio-economic changes, such as the second industrial revolution, the advance of secularization, and the coming of the regulatory welfare state, as well as by such intellectual transformations as the breakthrough of scientific materialism and naturalism. Moreover, instead of portraying legal realism nearly exclusively as a criticism of legal formalism and conceptualism, intellectual historians should discuss legal realism as an intellectual antidote to the various authoritarian and totalitarian intellectual currents so characteristic of the 1920s and 1930s.

Palavras-chave : Scandinavian legal realism; American legal realism; anti-formalism; comparative legal history; philosophical naturalism; the Cold War; Oliver Wendell Holmes.