The philosophical work by the young Petrazycki is characterized by a thesis that is not only an important key to explain the special legal realism of the author, but also a new paradigm to understanding the decisive meaning of legal experience faced with the concept of law. John Finnis highlights it with these words: “the jurists just made concrete practical decisions in particular circumstances, guided only by a ‘practical instinct’; the genius of their work is a ‘genius of nature, a resultant of the power of things, but not of theoretical reason’, a set of judicial decisions made ‘through a practical feeling (or sensibility or sentiment) [durch ein praktisches Gefühl]’.” The essay starts from this thesis thinking of an evolutionary model of law.
Law as Science of the Experience. Starting from a Thesis by Leon Petrazycki
Antonio Incampo
2021-01-01
Abstract
The philosophical work by the young Petrazycki is characterized by a thesis that is not only an important key to explain the special legal realism of the author, but also a new paradigm to understanding the decisive meaning of legal experience faced with the concept of law. John Finnis highlights it with these words: “the jurists just made concrete practical decisions in particular circumstances, guided only by a ‘practical instinct’; the genius of their work is a ‘genius of nature, a resultant of the power of things, but not of theoretical reason’, a set of judicial decisions made ‘through a practical feeling (or sensibility or sentiment) [durch ein praktisches Gefühl]’.” The essay starts from this thesis thinking of an evolutionary model of law.| File | Dimensione | Formato | |
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