Russian Legal Realism by Unknown

Author:Unknown
Language: eng
Format: epub
ISBN: 9783319988214
Publisher: Springer International Publishing

Furthermore, Muromtsev wondered if it is at all possible to separate legal phenomena from other social phenomena. In other words, can we study legal phenomena in isolation or perhaps it is more reasonable to study them in the context of other social phenomena? Seeking answers to these questions, Muromtsev argued that all social phenomena are interrelated and can be regarded as the effect of human activity in society. In short, this activity is determined by two main categories of factors: internal and external. The former is related to the nature of man or the dispositions of individuals forming the society, and the other is related to their external environment. There are many factors to take into account and, importantly, we are not able to determine what combination of factors influence various social phenomena. If the above statement is true, we are also unable to study legal phenomena in isolation from other social phenomena. Consequently, it is not possible to study legal phenomena using only legal methods—we need to utilize other non-legal research methods. As Muromtsev said, “as a fact of social life, you can explain civil law only with the help of psychology, general sociology, political economy etc.”(Muromtsev 1879, 38).

The Russian philosopher underlined that the examination of legal phenomena should not target only the effects of social phenomena on the law, but also the effects of legal phenomena on other social phenomena. Additionally, by discovering the legal rules, they should also establish their activity in the case of other social phenomena and thus, in his opinion, this method of testing would help reduce the number of errors, but not their complete elimination.

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