On Law and Justice

Name: On Law and Justice
Brand: Oxford University Press
SKU: 9780198716105
Price: 1481.68 HKD
Availability: InStock
Author: Alf Ross
ISBN: 9780198716105

By Alf Ross

Oxford University Press November 2019

Specifications

ISBN-13: 9780198716105
Publisher: Oxford University Press
Publication: November 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

I: The Problems of Legal Philosophy

II: The Concept "Scientifically Valid Danish Law"

III: The Sources of Law

IV: Legal Method: Interpretation

V: Legal Modalities

VI: The Concept of Rights

VII: The Theory of Rights in Rem and Rights in Personam

VIII: The Legal System

IX: Operative Facts

X: The History of Natural Law

XI: Analysis and Critique of the Philosophy of Natural Law

XII: The Idea of Justice

XIII: Utilitarianism and the Chimera of Public Utility

XIV: Science and Politics

XV: Legal Politics: Purpose and Scope

XVI: The Possibility of Legal Politics: Between Fate and Utopia

XVII: The Role of the 'Sense of Justice' in Legal Politics

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