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An Influential Study by a Leading Exponent of Legal RealismIn 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).
Reprint of the first American edition. One of the most interesting
jurists of the post-World War II era, Ross [1899-1979] was a legal
and moral philosopher, scholar of international law and the leading
representative of Scandinavian Legal Realism. This book and On Law
and Justice (1958) are his principal works. In Directives and Norms
Ross asks whether imperatives (or, to use his term, 'directives')
are subject to logic in the same way as indicatives. He shows the
difference between indicative and directive discourse and explains
the concepts 'directive' and 'norm' as they function in the social
sciences, especially in the study of law. A contemporary essay in
the Modern Law Review (32:544), though critical of this work, was
still impressed by its "clear and convincing account" of these
processes.
Ross was an important Danish jurist who wrote a series of
influential treatises that combined legal realism, Continental
jurisprudence and Scandinavian legal concepts. Although its title
suggests a basic introductory work, A Textbook of International Law
is actually a sophisticated presentation of his international law
of jurisprudence. Reprint of the sole edition, never before
reprinted.
"It is a pleasant task to welcome a treatise on international law
with such a refreshingly new approach to the subject. (...) It
presents] the cardinal doctrines of international law according to
a scheme which is at once novel and stimulating to the English
reader." --R.Y. Jennings, Journal of Comparative Legislation &
International Law, 3rd. Series, 30 (1948) 122
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),
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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On Law and Justice (Hardcover)
Alf Ross; Edited by Jakob V. H. Holtermann; Translated by Uta Bindreiter
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R3,227
Discovery Miles 32 270
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Ships in 12 - 17 working days
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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.
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