Some Realism About New Legal Realism: What's New, What's Legal, What's Real?

被引:7
|
作者
Augsberg, Ino [1 ]
机构
[1] Univ Kiel, Legal Philosophy & Publ Law, Kiel, Germany
关键词
constructivism; empiricism; epistemology; legal reality; representation;
D O I
10.1017/S0922156515000229
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Currentendeavours to develop a 'realistic' concept of international law should take into account that there is not only one reality. It does not suffice to admit that reality can be perceived from different angles. Rather, a realistic account of modern society has to acknowledge that we can no longer speak of the 'world' or 'reality' as a singular entity. Perspectives matter; they construct their own, distinct objects of cognition. A 'New Legal Realism' is deliberately new, legal, and realistic only insofar as it is conceived as an understanding of how (international) law creates its own realities.
引用
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页码:457 / 467
页数:11
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