An innovative methodological approach in L. Petrażycki’s and his students’ works

Authors

Abstract

Currently, empirical legal studies constitute one of the most dynamically developing trends in the law science. In the Western literature in the field of theory and philosophy of law, it was assumed that American and Scandinavian legal realists were the precursors of application of the empirical research in law. Ideas of Russian scientists in this context are scarcely mentioned. However, we believe that the empirical approach to law was developing at the beginning of the 20th century in the works of the Russian philosophers and theorists of law, rather than anywhere else. The main purpose of this article is to present the concepts developed in Russia which directly relate to the empirical research in law and have an undoubtedly innovative character. For this purpose, we will present the research of Leon Petrażycki and some of his followers, including George Gurvitch, Nicholas Timasheff and Maxim Laserson. The mentioned authors postulate that a complete modification of the approach to the methodology of law is necessary. Its starting point is the assumption that taking into account development of science, it is essential to aim at unification between the legal and scientific knowledge. Their main methodological postulates were based on acceptance of the methodological pluralism. Moreover, not less important is that these authors preferred empirical researches. 

Keywords:

legal empiricism, methodological postulates, L. I. Petrażycki, methodological pluralism, legal reality, direct legal experience, introspection, experiment

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References

References

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Published

11.12.2017

How to Cite

Stanek, J. (2017). An innovative methodological approach in L. Petrażycki’s and his students’ works . Pravovedenie, 61(6), 170–183. Retrieved from https://pravovedenie.spbu.ru/article/view/6319

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Section

Concept of law