Work · Analytic Philosophy
On Law and Justice
Systematic legal theory of Scandinavian realism: valid law is the body of norms that judges actually experience as binding and apply, so statements about valid law are predictions of court decisions; “justice” without further content expresses emotion.
Introduction
Ross published “Om ret og retfærdighed” in Copenhagen in 1953; the English version, “On Law and Justice”, appeared in 1958. The book sets out a complete legal theory on realist principles: the concept of valid law, the sources of law, legal method, legal concepts such as rights and duties, and the critique of natural law and of “justice” as a criterion. Valid law is defined as the normative ideology that actually guides judges, so that statements about valid law are predictions of judicial decisions. H. L. A. Hart’s review of 1959 made the book a reference point in the debate between legal realism and legal positivism, and it remains the classic statement of Scandinavian legal realism.
Connections
Builds on
- Inquiries into the Nature of Law and Morals1953 · Axel Hägerström
More works by Alf Ross
- 1951Tû-Tû
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