R.Posnerio pragmatinė jurisprudencija kaip alternatyva tradicionalizmui

Abstract

This thesis analyzes how can pragmatic jurisprudence supplement the dominant ideas of law ontology and epistemology, if it is possible to reach unequivocal answer about its purpose. The conclusion made here is that law cannot be described only as some normative order. It is lawyers’ activity, which aim is to solve some social problems, rather then normative order. In order to solve it lawyers usually use many methods, nevertheless none of them is unmistakable. Although pragmatic jurisprudence emphasize that normative acts and judgments must take into consideration the wealth of society, it does acknowledge that use of this principle has some limits as well.