Identifier: TFG:1067
Authors: Montané García, Eduard
Abstract:
This ending degree research called El Realisme Jurídic: una visió sociològica del Dret is an analysis in depth of this Law philosophical current, which, was, until the moment to initiate it, totally unknown for me. Specifically, the branch analysed is the North American, and so we have studied the most representative authors, the fundamental characteristics of it and with all the knowledge that has been extracted, we have put it in regard to a doctrine, the stare decisis, or the precedent doctrine, which, despite it is known that the realistic current is not the origin of it, it is true that collects some of the most characteristic ideas of the doctrine, for example, the importance of the figure of the judge as a source of the Law, which finished with the mechanic interpretation that was instituted until that moment. In second term, the second block of this research is the immersion in depth of this institution –the precedent-, basing especially in the two most representative western juridical systems of the common law, which are the English juridical system that constitutes the origin of this doctrine, as well as the North American juridical system, which collects it and receives it in a quite peculiar way. So what we do is basically a comparison of the way in which this figure flows in both systems and it ends with a particular opinion about the incidence of the current, the Juridical Realism, and of the precedent doctrine, in both blocks and the evolution of both of them in the near future
Repositori URV