Abstract
This paper is a comparative reflection of the models of Legal Realism in the Theory of Law, considering the North-American Legal Realism, the Scandinavian Legal Realism and the Brazilian Legal Realism. This article presents the Theory of Realistic Humanism within Legal Realism with the Critical Theory of Law.
Highlights
The search for correctness has been one of the most important fronts of work of the Theory of Law, in recent decades
The issue of correctness directly concerns judicial activity, which is the responsibility of the judge, and has little to do with the issue of political correctness, which is the responsibility of the legislator and the world of politics
This paper will focus on considering only three (3) of these models, and examine the consonances and dissonances between them, seeking to verify how The Theory of Realistic Humanism is placed among these trends and conceptions, whether considering the local historical development, or considering the great traditions of Legal Realism developed to date
Summary
The search for correctness has been one of the most important fronts of work of the Theory of Law, in recent decades. It is here that a study of the varied theoretical perspectives of Legal Realism, and its internal nuances, finds its place This is because the entire effort of the theoretical currents of Legal Realism tilted Law towards the discussion of the role of judges and legal decisions, shifting the axis previously fixed by Portugal (Lisbon and Coimbra), Germany, Italy, Czech Republic, Argentina, Chile, Uruguay, Africa, United States, Canada, France and Australia. There is little to add, and it would be unproductive to attempt to take up these quadrants again, since this acquisition is considered already obtained through many papers previously published in this respect.10 For this reason, this paper will focus on considering only three (3) of these models, and examine the consonances and dissonances between them, seeking to verify how The Theory of Realistic Humanism is placed among these trends and conceptions, whether considering the local historical development, or considering the great traditions of Legal Realism developed to date. Each of these versions of Legal Realism will be studied separately, in the items below, but what matters first is examining what the different versions have in common: i) criticism of Natural Law Theory and of the Legal Positivism; ii) the empirical treatment of juridical problems; iii) criticism of the Legal Doctrine and its methods; iv) criticism of abstraction in the definition and conceptualisation of Law; v) the role of the Science of Law; vi) the idea that Law is undetermined by its language and defeasibility may permeate the condition of the practical treatment of the rights (Regla 2014, 130-131)
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