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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
American Journal of Comparative Law – Oxford University Press
Published: Jan 1, 2002
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