Naturalizing Alf Ross’s Legal Realism: A Philosophical Reconstruction

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Standard

Naturalizing Alf Ross’s Legal Realism : A Philosophical Reconstruction. / Holtermann, Jakob v. H.

I: Revus. Journal for Constitutional Theory and Legal Philosophy, Bind 2014, Nr. 24, 2014, s. 165-186.

Publikation: Bidrag til tidsskriftTidsskriftartikelfagfællebedømt

Harvard

Holtermann, JVH 2014, 'Naturalizing Alf Ross’s Legal Realism: A Philosophical Reconstruction', Revus. Journal for Constitutional Theory and Legal Philosophy, bind 2014, nr. 24, s. 165-186. <http://revus.revues.org/3087>

APA

Holtermann, J. V. H. (2014). Naturalizing Alf Ross’s Legal Realism: A Philosophical Reconstruction. Revus. Journal for Constitutional Theory and Legal Philosophy, 2014(24), 165-186. http://revus.revues.org/3087

Vancouver

Holtermann JVH. Naturalizing Alf Ross’s Legal Realism: A Philosophical Reconstruction. Revus. Journal for Constitutional Theory and Legal Philosophy. 2014;2014(24):165-186.

Author

Holtermann, Jakob v. H. / Naturalizing Alf Ross’s Legal Realism : A Philosophical Reconstruction. I: Revus. Journal for Constitutional Theory and Legal Philosophy. 2014 ; Bind 2014, Nr. 24. s. 165-186.

Bibtex

@article{19d250306c11402bbd7b8cea14911fe7,
title = "Naturalizing Alf Ross{\textquoteright}s Legal Realism: A Philosophical Reconstruction",
abstract = "In this article I address a pertinent challenge to Scandinavian realism which follows from the widespread perception that the fundamental philosophical premises on which the movement relies, are no longer tenable. Focusing on Alf Ross{\textquoteright}s version of Scandinavian realism which has often been at the centre of critical attention I argue that his theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically I argue that it is possible to dismount Ross{\textquoteright}s realist legal theory almost intact from its commitments to logical positivism and embed it into an alternative naturalist philosophical program that is currently very strong in contemporary philosophy. In so doing, I apply a narrow Quinean conception of naturalism also known as replacement naturalism, which differs from a broader inclusive conception which has been applied by other scholars in the field but which leaves the philosophical crisis of Scandinavian realism unsolved.",
keywords = "Faculty of Law, Alf Ross, Skandinavisk realisme, naturaliseret epistemologi, naturaliseret retsfilosofi, logisk positivisme, Quine, Alf Ross, Scandinavian realism, naturalized epistemology, naturalizing jurisprudence, W.V.O. Quine",
author = "Holtermann, {Jakob v. H.}",
year = "2014",
language = "English",
volume = "2014",
pages = "165--186",
journal = "Revus",
issn = "1581-7652",
publisher = "Klub Revus – Centre for Studies on Democracy and European Constitutionality",
number = "24",

}

RIS

TY - JOUR

T1 - Naturalizing Alf Ross’s Legal Realism

T2 - A Philosophical Reconstruction

AU - Holtermann, Jakob v. H.

PY - 2014

Y1 - 2014

N2 - In this article I address a pertinent challenge to Scandinavian realism which follows from the widespread perception that the fundamental philosophical premises on which the movement relies, are no longer tenable. Focusing on Alf Ross’s version of Scandinavian realism which has often been at the centre of critical attention I argue that his theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically I argue that it is possible to dismount Ross’s realist legal theory almost intact from its commitments to logical positivism and embed it into an alternative naturalist philosophical program that is currently very strong in contemporary philosophy. In so doing, I apply a narrow Quinean conception of naturalism also known as replacement naturalism, which differs from a broader inclusive conception which has been applied by other scholars in the field but which leaves the philosophical crisis of Scandinavian realism unsolved.

AB - In this article I address a pertinent challenge to Scandinavian realism which follows from the widespread perception that the fundamental philosophical premises on which the movement relies, are no longer tenable. Focusing on Alf Ross’s version of Scandinavian realism which has often been at the centre of critical attention I argue that his theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically I argue that it is possible to dismount Ross’s realist legal theory almost intact from its commitments to logical positivism and embed it into an alternative naturalist philosophical program that is currently very strong in contemporary philosophy. In so doing, I apply a narrow Quinean conception of naturalism also known as replacement naturalism, which differs from a broader inclusive conception which has been applied by other scholars in the field but which leaves the philosophical crisis of Scandinavian realism unsolved.

KW - Faculty of Law

KW - Alf Ross

KW - Skandinavisk realisme

KW - naturaliseret epistemologi

KW - naturaliseret retsfilosofi

KW - logisk positivisme

KW - Quine

KW - Alf Ross

KW - Scandinavian realism

KW - naturalized epistemology

KW - naturalizing jurisprudence

KW - W.V.O. Quine

M3 - Journal article

VL - 2014

SP - 165

EP - 186

JO - Revus

JF - Revus

SN - 1581-7652

IS - 24

ER -

ID: 126380946