Between Norm and Fact: The Intellectual Heritage of the Hungarian School of Jurisprudence

This paper explores the intellectual legacy of the Hungarian School Jurisprudence from the late 19th to mid-20th century, focusing on thinkers such as Pulszky, Pikler, Somló, and Horváth. It examines their attempts to reconcile legal norms with social facts, within frameworks ranging from evolutionary theory to neo-Kantianism. While Somló emphasized the normative force of law grounded in legal logic, Kelsen pursued a “pure” jurisprudence detached from empirical elements. In contrast, Horváth proposed a procedural approach and the synoptic method, offering a dynamic perspective that bridges normative and factual dimensions. This study highlights how the Hungarian tradition contributes to contemporary debates on legal interpretation, the rule of law, and the integration of legal theory with sociological insight.

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Publication Details

Journal
Jogelméleti Szemle
Published
2025-11-16
DOI
https://doi.org/10.59558/jesz.2025.3.128
Primary Topic
Central European and Russian historical studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Between Norm and Fact: The Intellectual Heritage of the Hungarian School of Jurisprudence

Tamio Mitoma
Jogelméleti Szemle
Central European and Russian historical studies
article

Between Norm and Fact: The Intellectual Heritage of the Hungarian School of Jurisprudence

Tamio Mitoma
article en

Abstract

This paper explores the intellectual legacy of the Hungarian School Jurisprudence from the late 19th to mid-20th century, focusing on thinkers such as Pulszky, Pikler, Somló, and Horváth. It examines their attempts to reconcile legal norms with social facts, within frameworks ranging from evolutionary theory to neo-Kantianism. While Somló emphasized the normative force of law grounded in legal logic, Kelsen pursued a “pure” jurisprudence detached from empirical elements. In contrast, Horváth proposed a procedural approach and the synoptic method, offering a dynamic perspective that bridges normative and factual dimensions. This study highlights how the Hungarian tradition contributes to contemporary debates on legal interpretation, the rule of law, and the integration of legal theory with sociological insight.

Jogelméleti Szemle(3)
Openalex Percentile: Top 61%
Central European and Russian historical studies
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