Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence
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Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence. / Holtermann, Jakob von Holderstein.
In: Ratio Juris, Vol. 29, No. 4, 01.12.2016, p. 535-555.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Getting Real or Staying Positive?
T2 - New Frontiers of Legal Realism: American, Scandinavian, European, Global
AU - Holtermann, Jakob von Holderstein
N1 - Accepted for publication in 2015
PY - 2016/12/1
Y1 - 2016/12/1
N2 - The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.
AB - The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.
KW - Faculty of Law
KW - Legal realism
KW - legal positivism
KW - American legal realism
KW - Scandinavian legal realism
KW - Alf Ross
KW - Brian Leiter
KW - naturalism
U2 - 10.1111/raju.12071
DO - 10.1111/raju.12071
M3 - Journal article
VL - 29
SP - 535
EP - 555
JO - Ratio Juris
JF - Ratio Juris
SN - 0952-1917
IS - 4
Y2 - 29 May 2012 through 30 May 2012
ER -
ID: 40358535