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Comparing the Two Legal Realisms-American and Scandinavian

Comparing the Two Legal Realisms-American and Scandinavian GREGORY S. ALEXANDER Comparin g the Two Legal Realisms- America n and Scandinavian "We are all Realists now," as the saying goes. The American le­ gal theorists who repeat this mantr a seldom recognize, however, that the statement is ambiguous. Historically, there were two self-styled "Legal Realist" jurisprudential movement, American and Scandina­ vian. Because they are largely unaware of th e second of these two movements, American legal scholars have not compared them. The purpose of thi s article is to begin to fill tha t gap. Like comparative law, comparing jurisprudential schools is risky business. One way of keeping matter s focused is to select a par­ ticular substantive legal subject and examin e how scholars in th e two movements treated tha t subject. This article adopts tha t approach. I will critically evaluate how scholars in American and Scandinavian Legal Realists treated property, both as a concept and as a legal institution. Property turns out to be an especially revealing lens through to compare Scandinavian and America n Legal Realism. On th e surface American and Scandinavian Realist discussions of property reveal substantial differences between the two movements. While property issues were widely and thoroughly discussed http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Comparing the Two Legal Realisms-American and Scandinavian

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Publisher
Oxford University Press
Copyright
© 2001 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840832
Publisher site
See Article on Publisher Site

Abstract

GREGORY S. ALEXANDER Comparin g the Two Legal Realisms- America n and Scandinavian "We are all Realists now," as the saying goes. The American le­ gal theorists who repeat this mantr a seldom recognize, however, that the statement is ambiguous. Historically, there were two self-styled "Legal Realist" jurisprudential movement, American and Scandina­ vian. Because they are largely unaware of th e second of these two movements, American legal scholars have not compared them. The purpose of thi s article is to begin to fill tha t gap. Like comparative law, comparing jurisprudential schools is risky business. One way of keeping matter s focused is to select a par­ ticular substantive legal subject and examin e how scholars in th e two movements treated tha t subject. This article adopts tha t approach. I will critically evaluate how scholars in American and Scandinavian Legal Realists treated property, both as a concept and as a legal institution. Property turns out to be an especially revealing lens through to compare Scandinavian and America n Legal Realism. On th e surface American and Scandinavian Realist discussions of property reveal substantial differences between the two movements. While property issues were widely and thoroughly discussed

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 2002

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