Overview

On Law and Justice by Alf Ross (1899-1979) is a classic work of twentieth-century legal philosophy. The first translation into English was notably poor and abridged, and it misrepresented Ross's views. Translated from scratch and in full length from the original Danish, this new critical edition casts light on Ross's work and resituates it firmly in the context of current debates in the field. Ross 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.

Full Product Details

Author:   Alf Ross ((1899-1979) was a Danish legal and moral philosopher and scholar of international law) ,  Jakob v. H. Holtermann (University of Copenhagen) ,  Uta Bindreiter (Lund University)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 3.70cm , Length: 24.10cm
Weight:   0.001kg
ISBN:  

9780198716105

ISBN 10:   0198716109
Pages:   568
Publication Date:   28 November 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"Jakob v. H. Holtermann: Introduction 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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Author Information

Alf Ross (1899-1979) was a Danish legal and moral philosopher and scholar of international law. He is best known as one of the leading exponents of Scandinavian Legal Realism. Ross published Om Ret og Retfærdighed (On Law and Justice) in 1953 which was later published in English in 1958. Jakob v. H. Holtermann is Associate Professor in Legal Philosophy at the University of Copenhagen. His main interests and publications are in the philosophy of legal science, notably the philosophy of Alf Ross, and its relations to Scandinavian and American Legal Realism and to European New Legal Realism. Uta Bindreiter is Emeritus Associate Professor of Law at Lund University. Her main interest and publications are in legal-theoretical problems - specifically, in the role of basic assumptions in the law.

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