In what it will be convenient to call “the Scandinavian school”; of jurisprudence, Hagerstrom is clearly the master. But his leadership is of a somewhat special kind. For all that he wrote a large book on Roman law, Hägerström was trained as, and continued to be, a philosopher, not a jurisprudentialist or a sociologist. His essays on law and morals are ancillary to his main purpose: to destroy transcendental metaphysics. The epigraphhe chose to head his contribution to Die Philosophic (...) der Gegenwart in Selbstdarstellungen was uncompromising: “Praeterea censeo metaphysicam esse delendam.” If, in his published work, he to so considerable a degree concentrated his attention on ethics and jurisprudence, that is because he took them to be a particularly rich source of metaphysical mystery-mongering. Through a study of men's moral and legal ideas, Hägerström thought he could bring out the sources, the defects—and even, in a way, the strength—of metaphysical thinking. (shrink)

In 1910–11 Axel Hägerström introduced an emotive theory of ethics asserting moral propositions and valuations in general to be neither true nor false. However, it is less well known that he modified his theory in the following year, now making a distinction between what he called primary and secondary valuations. From 1912 onwards, he restricted his emotive theory to primary valuations only, and applied an error theory to secondary ones. According to Hägerström, secondary valuations state that objects have special value (...) properties, that we believe we become acquainted with in primary valuations. But, in fact, we do not have any such acquaintance. There are no, and cannot be any such, properties in objects. What we take to be a property is a projection of a feeling. Therefore, all secondary valuations are false. In 1917 he developed his theory further and distinguished between different types of secondary valuations with different structures. Yet he argued that they all are false. Hägerström's discussion is interesting because, among other reasons, it is historically a very early version of error theory in ethics. In a way it can also be said to be a precursor to later versions, e.g., John Mackie's (1946 and 1977). There are obvious resemblances between their accounts. Mackie's discussion is, of course, independent of Hägerström's. (shrink)

The Swedish philosopher Hägerström, who was professor in Uppsala during the first quarter of the present century, devoted much attention to the philosophical and psychological analysis of moral and legal phenomena. Hägersträm is a difficult writer. He had steeped himself in the works of German philosophers and philosophical jurists, and his professional prose-style both in German and in Swedish had been infected by them so that it resembles glue thickened with sawdust. But he enjoys a very high reputation in his (...) own and adjacent countries, and it seems to me that this is well deserved. I think, therefore, that it may be interesting and useful to try to provide English philosophers with an outline in my own words of Hägerström's doctrines, as I understand them, about the topic named in the title of this paper. (shrink)

The book reviewed is contains Hägerström's account of his own philosophical outlook and some of his writings on religion, translated into English by Robert T. Sandin, together with a biographical sketch by C.D. Broad.

In this paper I set out to read Hägerström through his own eyes, adhering to the terminology he uses in his own original work and attempting to make sense of the variance and uniformity alike that one finds in his linguistic usage. The translations we have of Hägerström's works are quite liberal, using the same word in English where the original uses different ones, and, vice versa, using different words in English where the original uses a single one in different (...) contexts. These misleading translations of Hägerström have contributed in some measure to Hägerström's reputation for obscurity. Further, and most importantly, I will take seriously what Hägerström says about his own thought, namely, that it is dependent on that of Kant and independent of the currents of thought contemporary with Hägerström. In Section 1, I will briefly take up the problem of consciousness that Hägerström proceeds from, and will recall something that Bertrand Russell once said, in 1928, in regard to the revolt staged in the early 20th century in Europe against German idealism. In Sections 2 and 4.1, I will instead take up Kant for the purpose of clarifying Hägerström's theory of judgment as treated in Section 3. In Section 4.2, I will illustrate the difference between the notions of nothing, R-reality, and W-reality in Hägerström. In Sections 5 and 6, I will examine the analysis that Hägerström offers of the principle of contradiction, and will summarize the three types of judgment he singled out, including the type he called impossible judgment. In Section 7, I will consider Hägerström views as grounding, in a transcendental way, the presupposition of the primacy of the external spatio-temporal world, a world independent of our representations: I will consider in particular the W-real complexes that are merely represented, as well as the spatio-temporal world as the only W-real complex that is not merely represented. Finally, in Section 8, I will briefly consider some of those who have commented and translated Hägerström, this to conclude that R-reality and W-reality are coextensive but not synonymous. (shrink)

Tomando como ponto de partida o diálogo "Clara", escrito por Schelling, o autor faz da conexão da Natureza com o Espírito o fio condutor da trajetória do pensamento schellinguiano. É, antes de tudo, na disputa com as filosofias de Fichte e Hegel, que se revela a convergência entre a concepção transcendental do Espírito e a filosofia da Natureza, dando-se assim a entender a importância de um conceito especulativo da Natureza como acesso ao mundo real. Taking the dialogue "Clara", written by (...) Schelling, as a starting point, the author uses the conection of Nature with the Spirit as a guiding line for his exposition of Schelling’s thought. It is, above all, the dispute with the philosophies of Fichte e Hegel that reveals the convergence between a transcendental conception of Spirit and the philosophy of Nature. Thus, the author implies the importance of speculative concept of Nature as an access to the real world. (shrink)

In his Axel Hägerström Lectures, given in Sweden in 1991, Dick Hare referred to Hägerström as a pioneer in ethics who had made the most important breakthrough that there had been in ethics during the twentieth century. Although Hägerström's development of a nondescriptivist approach to ethics certainly was pioneering philosophical work, when the history of twentieth century ethics comes to be written, I believe that it is Hare's own work that will be seen as having made the most important contribution.

Since the war there has been a revival of interest in the idea of justice and its relation to law. The main contributions have come from the side of jurisprudence among which may be mentioned Sir Carleton Kemp Allen, Aspects of Justice ; Potter, The Quest of Justice ; Friedmann, Legal Theory ; Stone, Province and Function of Law ; Paton, Textbook of Jurisprudence ; Goodhart, English Law and the Moral Law ; H. L. Hart, The Concept of Law ; (...) E. Dowrick, Justice According to English Common Lawyers ; there have also appeared English translations of important continental contributions, such as the translation by Campbell of Del Vecchio's Justice ; by C. D. Broad of Axel Hägerströms's Inquiries into the Nature of Law and Morals and the work by Alf Ross On Law and Justice. (shrink)

This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non-cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, (...) and the gradual abandonment of one, has often been overlooked. A corollary of the discussion is that there are some important corrigenda in the entry “Naturalism in legal philosophy” in the Stanford Encyclopedia of Philosophy. (shrink)

Central parts of the natural law theories of Grotius and Pufendorf assume that persons by nature have individual realms of their own, violations of which constitute a wrong. This is the basis for their accounts of promises, ownership and reactions against wrongs. These accounts are significantly independent of any assumption that a superior being imposes obligations: rather, the individuals themselves create obligations by their own acts of will. The translator's introducton draws attention to the author's relation to Hägerström, and remarks (...) briefly on related points in Ames, Köhler and Georges Davy. (shrink)