فلسفة القانون في ضوء الفلسفة الإسكندنافية : الواقعية القانونية الإسكندنافية

Abstract EN

The jurisprudential movement known as Scandinavian Legal Realism wasfounded by the Swedish philosopher Axel Hägerström (1868– 1939) and the Danish philosopher and jurist Alf Ross (1899–1979) in order to destroy the distorting influence of metaphysics upon legal thinking and to provide the secure philosophical foundation for scientific knowledge of the law.

This philosophical movement had other members; Among them were Wilhelm Lundstedt (1882–1955) and Karl Olivecrona (1897–1980), The Scandinavian realist is similar to the modern schools in their positivist outlook, and in their desire to eliminate metaphysics, Scandinavian realism interprets law in terms of observable facts; Accordingly, realism rejected concepts such as: binding force, legality of law, rights, and legal duties; and the concept of property as mere fantasies of the mind, with their actual existence only in an imaginary metaphysical world.