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Two Generations of Scandinavian Legal Realists
62 RETFÆRD ÅRGANG 32 2009 NR. 1/124 Two Generations of Scandinavian Legal Realists CORE Metadata, citation and similar papers at core.ac.uk Provided by Helsingin yliopiston digitaalinen arkisto JOHAN STRANG Johan Strang Abstract: The discussion on the implications of Scandinavian Legal Realism would benefit con- siderably from more careful historical attention to the different political and philosophical ambi- tions of the theoreticians that followed Axel Hägerström. The scholars, who were later gathered under the label Scandinavian Legal Realism, did not represent a static theoretical position that remained unchanged from the 1910s to the 1950s; rather, their aims and ambitions varied with changing political and philosophical circumstances. The purpose of this article is to propose a distinction between two generations of Scandinavian Legal Realists. While the goal of the first generation (Vilhelm Lundstedt and Karl Olivecrona) fell little short of revolutionising the field of jurisprudence, transforming law into a vehicle for political and social reform, one of the main objectives of the second generation (Alf Ross and Ingemar Hedenius) was to take the edge off the radicalism of their predecessors. Key Words: Scandinavian Legal Realism; politics, democracy; Uppsala philosophy; logical em- piricism; Alf Ross; Ingemar Hedenius If Scandinavian Legal Realism could be reduced to one basic tenet, the idea that the law is a social phenomenon ultimately relying only on the sanction of man himself would be one prominent candidate. This was a basic line of thought for the founder of the school, Axel Hägerström (1868-1939), as well as for his followers Vilhelm Lundstedt (1882-1955), Karl Olivecrona (1897-1980), Alf Ross (1899-1979) and Ingemar Hedenius (1908-1982). -
Alf Ross 1899–1979: a Biographical Sketch
MFK-Mendip Job ID: 9777BK--0033-5 3 - 661 Rev: 30-09-2003 PAGE: 1 TIME: 06:44 SIZE: 61,11 Area: JNLS OP: AB ᭧ EJIL 2003 ............................................................................................. Alf Ross 1899–1979: A Biographical Sketch Knud Waaben* Alf Ross was born on 10 June 1899 in Copenhagen, the son of a civil servant in a government department. He graduated from high school in 1917. His first choice was to study at the Technical University, but he left it after one term and turned to law. He finished his legal studies in the summer of 1922 with remarkable results, obtaining the rare distinction then called laudabilis et qvidem egregie. Following graduation, he took up employment in a barrister’s office, but the practical occupations of a trainee did not satisfy him and he preferred to devote his time to further studies in law. Ross was well deserving of the scholarship he received from the Law Faculty for studies abroad. These awards would normally enable a young lawyer to spend about two years in foreign universities, usually in Germany, France and England. In 1923, Ross set out on a study tour which lasted two and a half years. In this same year he married Else-Merete Helweg-Larsen, a student at the Faculty of Humanities, who later became a high school teacher. She was a member of Parliament in 1960–73, representing a small liberal party which held considerable influence over the formation of political majorities after general elections. Ross’ journey took him to France, England and Austria. He may have gone abroad, as many young people did, without a detailed plan of study, but rather with an open mind to learn all he could from foreign law, court visits and perhaps from discussions with professors. -
Ross and Olivecrona on Rights
Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 2009 Ross and Olivecrona on Rights Brian H. Bix University of Minnesota Law School, [email protected] Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Brian H. Bix, Ross and Olivecrona on Rights, 34 AUSTL. J. LEG. PHIL. 103 (2009), available at https://scholarship.law.umn.edu/faculty_articles/211. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Ross and Olivecrona on Rights BRIAN H. BIX1 Introduction The Scandinavian legal realists, critically-inclined theorists from Denmark, Norway, and Sweden, who wrote in the early and middle decades of the 20t century,2 are not as widely read as they once were in Britain, and they seemed never to have received much attention in the United States. This is unfortunate, as the work of those theorists, at their best, is as sharp in its criticisms and as sophisticated philosophically as anything written by the better known (at least better known in Britain and the United States) American legal realists, who were writing at roughly the same time. The focus of the present article, Alf Ross and Karl Olivecrona, were arguably the most accessible of the Scandinavian legal realists, with their clear prose, straight- forward style of argumentation, and the availability of a number of works in English. -
Powers of Organized Ball, at the Recent Secret Pittsburgh Confer Ence, Shift from Their Original Dignified and Efficacious Plan
PHILADELPHIA, FEBRUARY 7, 1914 WAR PLA Powers of Organized Ball, at the Recent Secret Pittsburgh Confer ence, Shift From Their Original Dignified and Efficacious Plan of Battle, and Commit Themselves to the Hazard of Law and Lawyers BY JACK RYDER. tle on that line, enjoining all jumpers CINCINNATI, O., February 4. That from taking part in any games with the the forces of organized ball have deter Federals, on the ground mined to put up a real fight against the THAT THEIR FEDERAL CONTRACTS encroachments of the Federal League wag will not hold in law and, therefore, can the word brought back by Chairman Herr- not be legally carried out. In this way mann, of the National Commission, who returned Monday morning from Pitts they hope to prevent the Feds from start burgh, where a meeting of the Commis ing the season, and thus the players who sion was held on Saturday to discuss the have jumped can be taken back into the invasion of the outlaws. The club own fold, without loss, either of coin or dig ers of the major leagues and also of the nity, to the major club owners. All the Class AA and Class A clubs have agreed lawyers who have been consulted are firm on a plan of action, and they hope to in the belief that the reserve clause will prevent the Feds from starting the sea hold water in any court in the land. If son. In fact, they have confidence in it does, the Feds are done, for they will their ability to head off the invasion and have no teams with which to open the are firm in the belief that the Gilmore season, as a majority of their best play organization will-give up the ghost before ers will be enjoined from playing, and tb.6 first of April. -
Scanned by Camscanner
Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner IRONING OUT THE CREASES: RE-EXAMINING THE CONTOURS OF INVOKING ARTICLE 142(1) OF THE CONSTITUTION Rajat Pradhan* ABSTRACT In the light of the extraordinary and rather frequent invocation of Article 142(1) of the Constitution of India, this note expounds a constructive theory of perusing Article 142(1) by the Supreme Court. The central inquiry seeks to answer the contemporaneous question of whether Article 142 can be invoked to make an order or pass a decree which is inconsistent or in express conflict with the substantive provisions of a statute. To aid this inquiry, cases where the apex court has granted a decree of divorce by mutual consent in exercise of Article 142(1) have been examined extensively. Thus the note also examines the efficacy and indispensible nature of this power in nebulous cases where the provisions of a statute are insufficient for solving contemporary problems or doing complete justice. INTRODUCTION An exemplary provision, Article 142(1) of the Constitution of India envisages that the Supreme Court in the exercise of its jurisdiction may pass such enforceable decree or order as is necessary for doing ‘complete justice’ in any cause or matter pending before it. While the jurisprudence surrounding other provisions of the Constitution has developed manifold, rendering them more concrete and stable interpretations, Article 142(1) is far from tracing this trend. The nature and scope of power contemplated in Article 142(1) has continued to be mooted imaginatively. -
Baseball Cyclopedia
' Class J^V gG3 Book . L 3 - CoKyiigtit]^?-LLO ^ CORfRIGHT DEPOSIT. The Baseball Cyclopedia By ERNEST J. LANIGAN Price 75c. PUBLISHED BY THE BASEBALL MAGAZINE COMPANY 70 FIFTH AVENUE, NEW YORK CITY BALL PLAYER ART POSTERS FREE WITH A 1 YEAR SUBSCRIPTION TO BASEBALL MAGAZINE Handsome Posters in Sepia Brown on Coated Stock P 1% Pp Any 6 Posters with one Yearly Subscription at r KtlL $2.00 (Canada $2.00, Foreign $2.50) if order is sent DiRECT TO OUR OFFICE Group Posters 1921 ''GIANTS," 1921 ''YANKEES" and 1921 PITTSBURGH "PIRATES" 1320 CLEVELAND ''INDIANS'' 1920 BROOKLYN TEAM 1919 CINCINNATI ''REDS" AND "WHITE SOX'' 1917 WHITE SOX—GIANTS 1916 RED SOX—BROOKLYN—PHILLIES 1915 BRAVES-ST. LOUIS (N) CUBS-CINCINNATI—YANKEES- DETROIT—CLEVELAND—ST. LOUIS (A)—CHI. FEDS. INDIVIDUAL POSTERS of the following—25c Each, 6 for 50c, or 12 for $1.00 ALEXANDER CDVELESKIE HERZOG MARANVILLE ROBERTSON SPEAKER BAGBY CRAWFORD HOOPER MARQUARD ROUSH TYLER BAKER DAUBERT HORNSBY MAHY RUCKER VAUGHN BANCROFT DOUGLAS HOYT MAYS RUDOLPH VEACH BARRY DOYLE JAMES McGRAW RUETHER WAGNER BENDER ELLER JENNINGS MgINNIS RUSSILL WAMBSGANSS BURNS EVERS JOHNSON McNALLY RUTH WARD BUSH FABER JONES BOB MEUSEL SCHALK WHEAT CAREY FLETCHER KAUFF "IRISH" MEUSEL SCHAN6 ROSS YOUNG CHANCE FRISCH KELLY MEYERS SCHMIDT CHENEY GARDNER KERR MORAN SCHUPP COBB GOWDY LAJOIE "HY" MYERS SISLER COLLINS GRIMES LEWIS NEHF ELMER SMITH CONNOLLY GROH MACK S. O'NEILL "SHERRY" SMITH COOPER HEILMANN MAILS PLANK SNYDER COUPON BASEBALL MAGAZINE CO., 70 Fifth Ave., New York Gentlemen:—Enclosed is $2.00 (Canadian $2.00, Foreign $2.50) for 1 year's subscription to the BASEBALL MAGAZINE. -
Resettling the Score Between HLA Hart and Scandinavian Legal Realism
Santa Clara Law Review Volume 57 | Number 1 Article 1 3-10-2017 A Straw Man Revisited: Resettling the Score between H.L.A. Hart and Scandinavian Legal Realism Jakob v. H. Holtermann Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Jakob v. H. Holtermann, A Straw Man Revisited: Resettling the Score between H.L.A. Hart and Scandinavian Legal Realism, 57 Santa Clara L. Rev. 1 (2017). Available at: http://digitalcommons.law.scu.edu/lawreview/vol57/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. A STRAW MAN REVISITED: RESETTLING THE SCORE BETWEEN H.L.A. HART AND SCANDINAVIAN LEGAL REALISM Jakob v. H. Holtermann* Introduction ............................................................................................ 2 I. Hart’s Objection # 1: Habits and Social Rules and the Internal and External Aspects of Social Rules .......................................... 5 II. Ross on the Internal1-External1 Distinction ..................................... 6 III. Hart’s Objection # 2: the Problem With “Feelings”; or how Ross fundamentally misinterprets the internal aspects of social rules ................................................................................. 11 IV. Ross on the Internal2-External2: -
Navy Schedule Is Announced.Collegiate Regatta for Annapolis.Racing
Navy Schedule Is Announced.Collegiate Regatta for Annapolis.Racing BOSTON NAVY Y«\RD LiUOIE TO MANAGE GAMES NAMED HAS REAL BALL CLUB JACK DEMPSEY LOU DILLON'S RECORD THREATENED INDIANAPOLIS TEAM YOUNG CHANEY Cambridge. Mase., March 3..The AS MURPHY PREPS MISS HARRIS M. Indianapolta, Ind., Mansi S..Larry Boston Navy Yard baseball team will Lajoie, former major league star aad FOR NAYY NINE be «tronger than many a tim travel¬ COMING CHAMP manager of the Toronto International ing the big circuits this cummer. Jack GETS League will first and CHANCE Club, play taaaa _-_ Barry, who managed the Red Sox laat manage tbe Indianapolis American season, is to handle the sailors. He Aaaoclation team the commi; acaaon, MiddiesWill «Seventeen has called out the batterie» ..n Mon- Salt Lake Battler Is Real provided he can obtain hl» releaee Play day forenoon at the Harvard baseball from Toronto, It waa announced here Baltimore Youngster Tack¬ cage. for Either today. Games.Georgetown The pitching staff is of big-time cali¬ Opponent Ful¬ Lajoie and Jame» C. McUUI. owner les Benny Valger, French ber. Ernie Shore, the hu.'ky Red Sex or of the Indianapolis franchi·.·, met here Booked Twice. hurler. "King" Bader and Herb Pen- ton Willard. today and after the conference j his Mc-1 Champ. Wednesday. nock, teammates, und Gaw, who QUI «fated that an a&rty-mcnt on I.-The ba***· played last year at Buffalo in the In¬ Jaek ring career looks term» had been reached with Annapolis. Md.. March ternational Dempsey*« Iaajoie Baltimore. March Maval Academy League, make up Barry's as th«.utili he could make things un¬ 'and that in all probability the veteran 3.A Vfcten o**ec ball schedule of the staff of tossers. -
On Law, Power and Society: a View of a Moral Dialectic1
On Law, Power and Society: A View of a Moral Dialectic1 Thora Margareta Bertilsson ‘...a primary social order undergoes, on the one hand, an externalization and institutionalization process whereby the law merges as an explicit ordering system, while at the same time a parallel process of internalization and spiritualization occurs, the result of which is called morality. Consequently then, law and morality must be regarded as conceptual opposites which in the course of linear development draw further and further apart. Morality is founded on internal obligation, law on external. Morality is what I feel obligated to do; law is what the state obligates me to do.’ (Geiger 1969: 117 - 118) This occasion seems to invite a reconsideration of what Theodor Geiger (1891 - 1952) wrote as a response to the very vivid ‘realist movement’ in law and philosophy which he experienced in Scandinavia at the time of his arrival and the preceding years of his stay.2 The bifurcation of traditional moral life into, on the one hand, a militant scientism in the legal and subsequent social sciences (to be formed), and, on the other hand, a forceful featuring of the inner and often chaotic emotional life of modern men and women as depicted in drama and in art actually seem to characterize the Scandinavian mentalities evolving in the late 19th and 20th century (Geiger 1946). In such a way, the featuring of Scandinavian moral life fits the scheme which Alasdair Macintyre proposes in his bestseller After Virtue, A Study in Moral Theory (1981). The making of the modern welfare state in Scandinavia demanded the externalization of the legal language from its traditional anchorage in moral values and the subsequent internalization/subjectivation of the value-language found in great Scandinavian literature. -
Kelsen and Hart on the Normativity of Law
Kelsen and Hart on the Normativity of Law Torben Spaak∗ 1 Introduction …………………………………………………………………... 398 2 The Problem About the Normativity of Law ……………………………….. 398 3 Kelsen’s Account of the Normativity of Law ……………………………….. 402 3.1 Kelsen’s Theory of Law ………………………………………………… 402 3.2 The Basic Norm as Hypothesis …………………………………………. 404 3.3 The Basic Norm as Fiction ……………………………………………... 405 3.4 The Basic Norm and the Normativity of Law ………………………….. 406 4 Hart’s Account of Law’s Normativity ………………………………………. 407 4.1 Hart’s Theory of Law …………………………………………………… 407 4.2 The Rule of Recognition ………………………………………………... 408 4.3 The Rule of Recognition and the Normativity of Law …………………. 410 5 The Trump Thesis and the Significance of Strictly Legal Normativity …... 412 ∗ I would like to thank Uta Bindreiter for helpful comments on this article, and Åke Frändberg, Lars Lindahl, and Lennart Åqvist for discussing with me some of the problems touched upon in this article. I would also like to thank Robert Carroll for checking my English. As always, the author alone is responsible for any remaining mistakes and imperfections. © Stockholm Institute for Scandianvian Law 1957-2010 398 Torben Spaak: Kelsen and Hart on the Normativity of Law 1 Introduction The problem about the normativity of law – that is, the problem of accounting for the nature of the legal ought, the law’s normative force, or, if you will, the nature of legal reasons for action – is in my view the most serious if not the only serious question facing legal positivists. The problem, I have argued -
FOR SALE: Tobacco Cards and Related 1909 Colgan Chips 1909 -11 T206 Singles Home Run Baker PSA 2
FOR SALE: TOBACCO CARDS AND RelateD 1909 Colgan Chips 1909 -11 T206 Singles Home Run Baker PSA 2 ...................100 Ritter PSA 3.5 .............120 Frank Chance PSA 1.5 ..................90 Schulte (back view) PSA 3 ................160 Eddie Collins PSA 1 .....................75 Scott Good ...................40 Harry Hooper (Boston Am.L.) PSA 2 ................150 Scott PSA 4 ................140 Hugh Jennings PSA 2 ...................100 Seitz PSA 3.5 .............300 Joe Kelly (Kelley) PSA 2.5 ................125 Seymour (throwing) GVG ....................50 Tris Speaker (Boston Am.) PSA 2 ...................200 Shaw (Providence) PSA 3 ..................80 George Stone PSA 2.5 ..................50 Slagle PSA 4.5 .............140 Jack White (Buffalo PSA 4 .....................90 Smith (Brooklyn) PSA 3 (Sovereign 460) ..400 Stanage Good ...................50 Stovall (batting) PSA 3 ..................85 Street (portrait) PSA 3.5 .............160 1909 -11 T206 Singles Tannehill (L. Tannehill on front) PSA 2 .........90 Taylor PSA 2.5 .............125 Abbott PSA 3.5 .................. 85 Waddell (throwing) PSA 2.5 .............450 Abstein SGC 1 ..................... 40 Wallace PSA 2 ................200 Baker PSA 2.5 ................ 375 Westlake PSA 3 ................200 Barger VG .......................... 50 Wilhelm (with bat) PSA 3 ..................90 Barger PSA 3 ..................... 90 Willis (St. Louis, with bat) PSA 2.5 .............300 Batch GVG ....................... 40 Young (Clev, no glove shows) PSA 2.5 ...........2000 Bay PSA 3 ................... 200 17 different commons Good .................600 Beaumont PSA 2.5 ................ 120 Bender (portrait) PSA 3.5 ................ 460 Bergen (catching) PSA 3.5 ................ 110 Bescher (hands in air) Fair ......................... 30 1911 D311 Pacific Bescher (portrait) Good ...................... 40 Coast Biscuits Bescher (portrait) PSA 3.5 ................ 115 Brain PSA 4 ................... 125 Akin PSA 2 ................300 Breitenstein PSA 3.5 ............... -
Mathematics for the Liberal Arts Test File Spring 2010 Exam #1 In
Mathematics for the Liberal Arts Test File Spring 2010 Exam #1 In exercises #1 - 8, identify one and only one of our fallacies that is exhibited. GIVE A DETAILED EXPLANATION TO JUSTIFY YOUR CHOICE. 1.) "Dr. Worth, you can't give me an 'F' in this class. If you give me an F my GPA will drop to 2.9 and I have to have a 3.0 to keep my scholarship." 2.) "I have never seen a bear in this area so there must not be any bears around here." 3.) "Titanic must be the best movie of all time since it has the highest box office receipts of all time." 4.) "I saw five people on the way to school today who didn't use their turn signals. Folks in Arkansas must not know how to use turn signals." 5.) "I don't know of any great Lithuanian authors so there must not be any great Lithuanian literature." 6.) "I read the other day that most people really like the new gun control laws. I was sort of suspicious of them, but I guess if most people like them, then they must be okay." (from http://www.nizkor.org/features/fallacies/) 7.) "If we allow unregulated harvesting of our forests then what are we going to do about the increase in abuse of the food stamp program." 8.) "Smith, who is from England, decides to attend graduate school at Ohio State University. He has never been to the US before. The day after he arrives, he is walking back from an orientation session and sees two white (albino) squirrels chasing each other around a tree.