11 THE ITALIAN LAW JOURNAL NO. 1 (2025)
Legal Pragmatism: A Comparison with the Nordic Legal Method
by Katalin Kelemen and Filippo Valguarnera The article explores the evolution of Nordic legal pragmatism through a comparison with other European legal traditions, particularly that of Italy. The authors analyze the defining characteristics and historical development of a pragmatic approach in Nordic law, particularly in Sweden, one that prioritizes problem-solving over theoretical abstraction. Tracing Nordic legal pragmatism back to medieval statutes, which were casuistic and practical rather than conceptually systematic, and the relatively minimal influence of Roman law, the authors highlight the unique trajectory of Nordic law in contrast to the rest of Europe. Over time, this approach fostered an emphasis on social utility and democratic processes, notably expressed in Scandinavian legal realism, which rejected metaphysical legal concepts. The article further examines how pragmatism continues to permeate Swedish law today, evident in legal education, legal scholarship and judicial practices, where court judgments emphasize concise, context-sensitive reasoning over conceptual and argumentative diversity. Comparative analyses underscore that this pragmatic approach is a hallmark of the Nordic legal tradition, setting it apart from the more theory-driven continental European legal systems. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
