XXIVth European Forum of Young Legal Historians - 14-15-16-17/06/2018, Warsaw (Poland)
The norms contained in the rules have always been the core of law. Legal positivism of the nineteenth century has made legal provisions of codes and acts crucially relevant. Knowledge of normative text, its understanding and its often literal-linguistic interpretation as well as knowledge of relevant judgments in case law systems have become the basis of doctrinal research. Legal realism called this approach “law on the books”, promoting another approach to legal research that should rely on empirical evidence. Consequently, a concept of “law in action” emerged. Because law in action concerns all decisions – actions and transactions made by individuals and organisations, the sociological and psychological approaches cannot be avoided. It is important who would enforce the rule but that how the rule would affect people’s behaviour is a question of a greater importance. These above mentioned two approaches are actually mutually linked to each other. Law on the books is an essential basis of law and legal research, but law in action is an unavoidable element of solid modern legal research. Examination of legal practice may also result in amendment of the content of legal norms or at least allows to verify their application and compliance.
FECHA/DATE/DATA: 14-15-16-17/06/2018
LUGAR/LOCATION/LUOGO: (Warsaw, Poland)
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