European New Legal Realism: Towards a basic science of law

摘要: This chapter outline the position of European New Legal Realism (ENLR) and compares it to variations American (ALR), new old. We argue that fundamental difference between ENLR ALR is its turn – or return epistemology. Europe legal realism has been and, in our view, largely concerned with devising foundations a scientific study law, one can make law intelligible on grounds. It search premises as basic science par all other forms academic endeavour, including natural sciences. To this argument, we first outlines intellectual roadmap before turning questions epistemology science. draw unique insights offered by combination Weberian interpretive sociology Scandinavian propounded Alf Ross. out their strikingly congenial conceptions validity genuinely empirical object study, how differs from reliance pragmatism. Against background, part IV, then link these precursors program for rigorous laid Pierre Bourdieu view particular challenges studying law. an realist inquiry, needs devise approach that, at same time, takes seriously both production those precise yet changing social conditions, which makes possible.