Law and Politics

14 Pages Posted: 23 Aug 2006

See all articles by Mauro Zamboni

Mauro Zamboni

Stockholm University - Faculty of Law

Date Written: June 6, 2006

Abstract

Most contemporary legal scholars are inclined to depict the law either as being structurally affected by politics or as being ultimately shaped by its internal rationality. It is then possible to detect two ideal-typical answers as to the question of whether the political substance or message that the law always carries also affects the structures and forms of the law itself: there exists either a rigidity of the law, i.e. the law tends to keep the same forms and mechanisms regardless of the content; or, alternatively, a flexibility of the law, i.e. law tends to adapt its forms and nature according to the political substances it carries. The American and Scandinavian Realists offer a third alternative to these two ideal-typical depictions, a partial rigidity of the law to the political substance it carries.

Keywords: Law, Politics, Legal Theory

Suggested Citation

Zamboni, Mauro, Law and Politics (June 6, 2006). Available at SSRN: https://ssrn.com/abstract=925920 or http://dx.doi.org/10.2139/ssrn.925920

Mauro Zamboni (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

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