Michel Troper and french legal realism

Zbornik Radova Pravnog Fakulteta u Splitu

关键词: constitutional history;    realist theory of interpretation of law ( TRI);    theory of legal constraints ( TCJ);    Kelsen's theory of interpretation of law;    French legal realism;   

DOI  :  

来源: DOAJ

【 摘 要 】

The name of Michel Troper has become an inevitable reference in constitutional law and legal theory textbooks. This author kick-started his academic career with a thesis on a subject of separation of powers, thus prolonging the tradition of numerous French legal scholars, namely, that of providing contemporary discernment of French classical constitutional doctrines. Charles Eisenmann innovative views on the necessity of displacing attention from the theories and to the process of emergence, forms and functioning of those theories have had a decisive influence on Troper's scientific development. His Nanterre period iswhen general legal theory becomes of his primary interest. In the same manner as his mentor before him, Troper perceives Kelsen's theoretical paradigm as a starting point and engages in a polemical dialogue with the ideas of the Viennese jurist, deciding to push his somewhat rudimentary theory of interpretation of law to its extreme consequences. Affiliating his theoretical enterprise to movements and schools of thought such as American, Scandinavian and, primarily, Italian legal realism, Troper elaborates his own theory of interpretation of law ( TRI) which will promptly become notorious for its alleged radicality. In the subsequent period of his career, Troper introduces the theory of legal constraints ( TCJ), destined to enable him to preserve his loyalty to positivist epistemologywhile striving toamend the radicality of the TRI by mobilising the concept of a specific causality supposedly inherent both to the legal system andthe legal agents' mindset.

【 授权许可】

Unknown