B2 Non-refereed book chapter or chapter in a compilation book

Challenges in Legal Argumentation: A Swedish-Finnish Perspective




AuthorsJohanna Niemi

EditorsMattias Dahlberg

Publishing placeUppsala

Publication year2019

Book title Law and society: Contributions by the Honorary Doctors

Series titleDe Lege - Juridiska Fakulteten i Uppsala Årsbok

Number in series2018

First page 227

Last page248

ISBN978-91-7737-025-3

ISSN1102-3317

Web address https://iustus.se/litteratur/de-lege-2018-law-and-society/

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/41356095


Abstract

Comparison of legal argumentation in two closely related legal systems can help to understand legal reasoning in both of them and even generally. This article compares the patterns of legal argumentation and the use of sources of law in Swedish and Finnish jurisprudence. It argues that Swedish jurisprudence was until recently influenced by the inheritance of the Scandinavian realism whereas the Finnish legal thought has been permeated by somewhat formalistic school of rational legal argumentation. The quest for justice that young researchers in particular are interested in has challenge both traditions.  Fundamental rights, legal principles, social constructionist theory and discourse analytical have enriched legal research.


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