Legal Pragmatism – A Useful and Adequate Explanatory Model for Danish Adjudication on Tax Avoidance?

32 Pages Posted: 4 May 2020 Last revised: 31 Jul 2020

Date Written: April 29, 2020

Abstract

The author explores whether legal pragmatism may function as a useful and adequate explanatory model for the case law on tax avoidance unfolding in the Danish Supreme Court. In doing so, the underlying ideas of philosophical and legal pragmatism are initially re-visited while the general interpretational approach of the Danish judiciary is briefly outlined. Subsequently, the general approach to interpretation of Danish tax law is presented and the prevailing opinions on tax avoidance in the Danish doctrine are touched upon. This provide the necessary foundation for the following legal analysis of the Danish Supreme Courts’ case law on tax avoidance. Based on this analysis, it is concluded that legal pragmatism may actually function as a useful and adequate explanatory model for the Danish Supreme Court’s case law on tax avoidance. Awareness of this pragmatic inclination may facilitate a better understanding of the Danish Supreme Court’s approach in difficult cases on tax avoidance and enhance the possibilities of predicting the outcome of such cases.

Keywords: Legal pragmatism, Danish jurisprudence, Tax avoidance, Philosophy of law

JEL Classification: K00, K40, H26, H29

Suggested Citation

Koerver Schmidt, Peter, Legal Pragmatism – A Useful and Adequate Explanatory Model for Danish Adjudication on Tax Avoidance? (April 29, 2020). Copenhagen Business School, CBS LAW Research Paper No. 20-07, Available at SSRN: https://ssrn.com/abstract=3588411

Peter Koerver Schmidt (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshaven 18B, 1 floor
Frederiksberg 2000
Denmark

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