Energy Law Principles or Rather a Functional Approach?

This article addresses the proposition that the introduction of basic principles to energy law can strengthen energy law as a discipline. We discuss this premise from a legal-cultural angle that has often been neglected in this discussion, that of Scandinavian legal realism. We examine what implications a Scandinavian realist approach to energy law would have compared to a principles-based approach. Our aim is not to give a clear conclusion but rather to cast a glance at law from a different point of view. We begin by outlining the discussion surrounding energy law as a discipline, delimiting the potential principles of energy law. We will then move on to outline the Scandinavian realist approach to legal principles, and we will demonstrate how it applies in practice. Finally, we will evaluate the contribution that Scandinavian legal realism can(not) make to the discussion of principles in energy law.