rättsrealisme

Rättsrealism is a school of legal thought that emerged in the early 20th century, primarily in the United States and Scandinavia. It challenges traditional legal positivism and natural law by focusing on law as it is actually practiced and experienced, rather than as it is formally stated in statutes or abstract principles. Realists argue that legal decisions are not simply the logical application of pre-existing rules to facts, but are instead influenced by a variety of social, economic, psychological, and political factors.

American legal realism, with figures like Oliver Wendell Holmes Jr., Karl Llewellyn, and Jerome Frank, emphasized the "law in action" over the "law in books." They believed that judges' personal biases, social backgrounds, and practical considerations played a significant role in their rulings. Realists often used empirical research to study how courts actually operated and how legal rules affected society. They were critical of the perceived mechanical jurisprudence of earlier legal thought and advocated for a more pragmatic and realistic approach to understanding and developing law.

Scandinavian legal realism, associated with thinkers like Axel Hägerström, Vilhelm Lundstedt, and Karl Olivecrona, shared a similar empirical and skeptical outlook. They questioned the metaphysical basis of many legal concepts and sought to understand law in terms of psychological and social phenomena. Scandinavian realists often focused on the psychological effects of legal rules on individuals and the role of coercion in enforcing law. Both branches of legal realism contributed to a deeper understanding of the practical workings of legal systems and the complex factors that shape legal outcomes.