НЕОРЕАЛИЗАМ КАРЛА ЛЕВЕЛИНА (KARL LLEWELLYN)
NEOREALISM OF KARL LLEWELLYN

Summary/Abstract: As a representative of the School of American Legal Realism, Lewellin thinks that the meaning of the right is in its predictability and the ability of individuals, assessing the chances in a dispute, to address the court. In his view, the right is found in real relations, and not in legal rules. He understands the state as a sufficiently organized group that is recognized by its own people and other peoples as legitimate, which is a stance that he later corrected to some extent since legitimacy is a normative and not a sociological and legal principle. His sociology of law is based on the reality of the courts and the application of the results of the real courts. He considers a nation, a national feeling, a national cultural asset, a genus of homo sapiens ... to be legally relevant facts, and he views legal life as the interaction of certain effective persons in a society rather than the realization of justice. Stating that studying the rules or norms by which behavior is guided is one of the ways of studying the law, Lewellin makes a retreat in relation to the classical sociological school by recognizing the significance of both legal norms and facts in legal life. Lewellin makes a distinction between the science of law and the law itself (no matter what it implies in real terms), exposing the model of the theoretical and legal reason as a form of creating the highest legal concepts.

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