especially that of judges, the latter is preoccupied with law as being a theoretical source of law, and subjects law to a philosophical rather than a sociological analysis. And due to Scandinavian Legal Realism’s general analysis of law and legal theory, by implication deals with the cruder versions of legal realism, such as Jerome Frank’s version of realism as judge or lawyer-oriented jurisprudence.301 American legal realism is of little interest for the purposes of this investigation insofar as the Uppsala School and the American Legal Realism movements were simultaneous and appear to have had little or no effect on one another until after Hägerström’s death. Hans Kelsen’s (1881-1973) Reine Rechtslehre constitutes an extreme form of legal positivism, attempting to purify the idea of positive law from all extralegal influences such as politics, sociology, psychology, ethics, and religion, thereby in effect narrowing down the concept of law to legislation as well as denying the legal status of anything other than those formal deductions drawn from legislation. For any norm or legal decision not directly derived from the Grundnorm(the norm at the apex of the legal system guaranteeing the unity of law), strictly speaking, is not legal.302 Hence, any attempt to solve complex issues of law by definition becomes politicized rather than being the function of a legal process, which severely restricts the authority of judicial decisionmaking as well as the status of case law and jurisprudence. As a theory of law and legal science, Kelsen’s Reine Rechtslehre thus p a r t v i i , c h a p t e r 2 638 2 . 3. 4 di e re ine rechtslehre - ke lsen 301 Pennock.About the differences in the analysis of property law, see Alexander,“Comparing the Two Legal Realisms - American and Scandinavian,”The American Journal of Comparative Law50 (2002): pp. 148-162.About the historical explanations to the two schools of realism, see Pihlajamäki,“Against Metaphysics in Law:The Historical Background of American and Scandinavian Legal Realism Compared,”The American Journal of Comparative Law 52 (2004): pp. 480-487. 302 Peczenik, Vad är rätt?, pp. 111-122; Schlosser, Grundzüge, pp. 248-249; Strömholm, Rätt etc, pp. 119-122.
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