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On Law and Justice

Autor Alf Ross
en Limba Engleză Hardback – 15 dec 2011
An Influential Study by a Leading Exponent of Legal Realism In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).Alf Niels Christian Ross [1899-1979] was Professor of Law at the University of Copenhagen. In 1956 he was a visiting professor at the University of Illinois. He served for seven years on the constitutional committee that laid the groundwork for the Danish constitution of 1953. His many books, which have been translated extensively, include Towards a Realistic Jurisprudence (1946), A Textbook of International Law (1947), Constitution of the United Nations: Analysis of Structure and Function (1950), Why Democracy? (1952), Directives and Norms (1968) and On Guilt, Responsibility and Punishment (1975).
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Specificații

ISBN-13: 9781584774884
ISBN-10: 1584774886
Pagini: 396
Dimensiuni: 152 x 229 x 25 mm
Greutate: 0.75 kg
Ediția:2
Editura: Lawbook Exchange, Ltd.

Descriere

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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.

Notă biografică

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.