Earticle

초록

영어

As a forerunner of American legal realism, Oliver wendell holmes criticized both of traditional natural law theory and Langdellian legal formalism. In "The Path of Law", his last efforts at establishing a systemic legal theory, Holmes placed the law-morals issue at center stage. His notorious "bad man" was a tool-concept to explain differences between law and morality. On the one hand, Holmes recommended the conceptual distinction between law and morality. On the other hand, he admitted the judicial decision making completely free of the evaluation of political morality and policy might be impossible.
More importantly, the fictional character represented Holmes' comprehensive legal skepticism. Distrust on morals as well as on legal principles skepticism supported his belief that there was no basis in reason to explicate legal judgement. He offered as an alternative perspective the prediction theory of law. Yet his suggestion has not been fully successful, but can be a good model for redirecting the purpose of legal science and the theory of adjudication.

목차

Ⅰ. 서론
 Ⅱ. 법현실주의 개관
  1. 법현실주의의 핵심 주장
  2. 법현실주의에 대한 평가
 Ⅲ. ‘법의 길’ 분석
  1. 반형식주의
  2. 법과 도덕의 관계
  3. 법적 회의론
 Ⅳ. 법적 회의론의 영향
  1. 법이론적 의의
  2. 법학의 과학화
  3. 사법의 역할
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 김혁기 [ Kim, Hyeok-Ki | 울산대학교 법학연구소 연구원, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340