Law and Politics
14 Pages Posted: 23 Aug 2006
Date Written: June 6, 2006
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
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