Getting Real or Staying Positive?: Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence

Jakob von Holderstein Holtermann

doi:10.1111/raju.12071

Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence

Jakob von Holderstein Holtermann

Research output: Contribution to journal › Journal article › Research › peer-review

4 Citations (Scopus)

5762 Downloads (Pure)

Abstract

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.

Original language	English
Journal	Ratio Juris
Volume	29
Issue number	4
Pages (from-to)	535-555
Number of pages	21
ISSN	0952-1917
DOIs	https://doi.org/10.1111/raju.12071
Publication status	Published - 1 Dec 2016
Event	New Frontiers of Legal Realism: American, Scandinavian, European, Global - Copenhagen Duration: 29 May 2012 → 30 May 2012

Conference

Conference	New Frontiers of Legal Realism: American, Scandinavian, European, Global
City	Copenhagen
Period	29/05/2012 → 30/05/2012

Bibliographical note

Accepted for publication in 2015

Keywords

Faculty of Law
Legal realism
legal positivism
American legal realism
Scandinavian legal realism
Alf Ross
Brian Leiter
naturalism

Access to Document

10.1111/raju.12071

Getting real or staying positiveSubmitted manuscript, 802 KB

New Frontiers of Legal Realism: American, Scandinavian, European, Global
Holtermann, J. V. H. (Organizer)
29 May 2012 → 30 May 2012
Activity: Participating in an event - types › Organisation of and participation in conference

Cite this

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abstract = "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.",

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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.

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KW - Legal realism

KW - legal positivism

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KW - Scandinavian legal realism

KW - Alf Ross

KW - Brian Leiter

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