On Law and Justice First Edition Alf Ross

On Law and Justice First Edition – Ebook Instant Download/Delivery ISBN(s): 9780198716105,0198716109,2019942846,9780191025792, 0191025798

Product detail:

• ISBN 10: 0191025798
• ISBN 13: 9780191025792
• Author: Alf Ross

Alf Ross (1899-1979) was, in H.L.A. Hart’s words, ‘the most acute and best-equipped philosopher’ of Scandinavian legal realism. On Law and Justice provides a comprehensive outline of his legal realist position, offering a consistently empirical research programme that simultaneously recognizes the distinctly normative character of law. Ross’s legal realism avoids the standard critiques against behaviourist reductionism while still remaining categorically distinct from legal positivism and natural law. This new edition features an introduction by Jakob v. H. Holtermann, clarifying Ross’s general philosophical project and detailing the sophisticated dual distinction between internal and external aspects of law that provides a counterpoint to Hart’s celebrated analysis. This new translation will allow readers to appreciate Ross’s insights into the ongoing empirical turn in legal scholarship and related attempts to associate legal realism with broader philosophical trends.

Table of contents:

1. I. The Problems of Legal Philosophy
2. II. The Concept ‘Scientifically Valid (Danish) Law’
3. III. The Sources of Law
4. IV. Legal Method (Interpretation)
5. V. The Legal Modalities
6. VI. The Concept of Rights
7. VII. The Theory of Rights In Rem and Rights In Personam
8. VIII. The Legal System
9. IX. Operative Facts
10. X. Some Features of the History of Natural Law
11. XI. Analysis and Critique of the Philosophy of Natural Law
12. XII. The Idea of Justice
13. XIII. Utilitarianism and the Chimera of Public Utility
14. XIV. Science and Politics
15. XV. Legal Politics: Province and Task
16. XVI. The Possibility of Legal Politics: Between Fate and Utopia
17. XVII. The Role Played by the ‘Sense of Justice’ in Legal Politics

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