CALL FOR PAPERS Nº 25 IURIS DICTIO JOURNAL
Dossier: Contemporary Legal Realism
Iuris Dictio Law Journal invites researchers and specialists in Contemporary Legal Realism to send their contributions to be considered for the monographic Dossier Num. 25, to be published on June 2020. The dossier will focus on contemporary legal realism and the criticisms made around this “line of thought”.
Legal realism was born as an alternative to natural law and legal positivism, which were dominant in the legal philosophy debates of that time. Both American and Scandinavian legal realism brought about some novelties and criticisms towards these traditional “currents”. In fact, as Barberis said, natural lawyers pretended to study law as a set of values, while legal positivists scholars portrayed it as a set of rules. Legal realism, on the other hand, intended to study it as a set of facts. (Although nowadays legal realism can be analyzed conjointly with “exclusive legal positivism”). At its beginning, legal realism sought to move the (study of) law away from some metaphysical backwardness (Hägerström would come to speak of mystical, magical thought).
Later on, however, both Scandinavian and American realism were partially abandoned, discredited, even caricatured. In fact, Leiter attributes many criticisms of legal realism to what he has called “Frankification of legal realism” (the reduction of legal realism to a few theses of J. Frank). But realism has, in recent decades, been revived. And some of the most important schools of legal philosophy in the world, today, openly declare themselves as realistic. In Genoa, Paris (Nanterre), Girona, Chicago and several other places, we find some of the most important contemporary legal scholars: Guastini, Troper, Ferrer-Beltrán, Leiter, just to mention a few. Legal realism, although some had declared it dead, is more alive than ever. To those who have killed it so many times, one could respond with the old and famous phrase of the French comedy (incorrectly attributed to some Spanish writer): “The dead that you kill, enjoy good health”.
Dossier No. 25 of the Iuris Dictio Journal, coordinated by Mauricio Maldonado Muñoz, seeks to contribute to the discussion about contemporary legal realism, its importance in various fields of the study of law, its innovations, challenges and criticisms. Papers in historical or theoretical key will be accepted, as long as they deal with the indicated subject. We are also receiving articles on different topics related to law, to be considered for the
Miscellaneous and the Book Review sections. All articles must be original, should neither be previously published nor under review by other reviews, journals or editorials. Articles can be written in English or Spanish and should follow our publication guidelines, which can be found at: http://www.usfq.edu.ec/publicaciones/iurisDictio/Paginas/guiaparaautores.aspx.
The deadline for submissions is 15th of December 2019 and the manuscripts should be uploaded via the journal’s platform upon user registration on the following webpage: http://revistas.usfq.edu.ec/index.php/iurisdictio/user/register
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