Паундова критика механичке јуриспруденције
Pound’s Critics Of Mechanical Jurisprudence

Summary/Abstract: In this article author analyses critics of mechanical jurisprudence of American legal sociologist Roscoe Pound. This critics attacks legal doctrine which was actual in 19th century, according to which legal decision is product of process of formal logics based on legal formalized premises. Mechanical jurisprudence missed the aim of law because it wasn’t taking into consideration non legal elements which are often crucial for bringing legal decision. This jural doctrine was longing for mechanical outcome certainty, what is dogmatically and sociologically unreal. Mechanical jurisprudence was bringing down the role of judge on the logical automat which is able only to use logical instruments, not to taking into consideration sociological side of legal case. Mechanical form of law application expressly banned judges to apply discretional element in adjudication, affraiding of its manipulating and transformation into arbitrary reasoning which isn’t easily predictable.

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