Theory Of Gail Strom Realism Legal Thought

Hagerstrom’s legal realism is a unique legal theory among dozens of legal theories in western countries. Not only it rejects natural law theory through criticizing the metaphysics in traditional legal concepts, but also objects the analytical and positivism legal theory through criticizing the law-as-the-command theory. Hagerstrom’s legal realism has a comprehensive influence in western countries, especially in Scandinavian countries. I believe that this theory is still among those important reasons for maintaining the stability of Sweden society. However, since this theory is still the virgin land of Chinese legal academic research, it hasn’t been took seriously and research systematically. Therefore, the purpose of this article is trying to introduce and analysis Hagerstrom’s legal realism in a systematic and comprehensive way.My article comprises three chapters. In the first chapter, I will discuss the experience of Hagerstrom’s thoughts and the background of Hagerstrom’s legal realism. The background of Hagerstrom’s legal realism will be explained from three perspectives, i.e., the value confusion of Scandinavian in an era of fierce turbulence, the influence of Marx and the popularity of positivism spirit. The second chapter will focus on the basic content of Hagerstrom’s legal realism. It will include five parts, i.e., the basic philosophical point of view of Hagerstrom’s legal realism, the critique towards the traditional legal concepts, the psychological explanation of law, the point of view towards the coercive power of law and the view towards justice. In the third chapter, I will discuss the historical position and practical impact of Hagerstrom’s legal realism. People will see different history appraisals towards Hagerstrom’s legal realism in this chapter. I will give an explanation to this phenomenon, and come up with a relatively fair appraisal.I wish through the presentation of a different legal perspective, my article could stimulate people to review and think more about the relationships among laws, states, societies and the human-being, deepen domestic scholars’understanding of western jurisprudence, and provide more intellectual resources for the construction of legal theories.