Full Description
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.
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
