David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ratio Juris 23 (3):411-427 (2010)
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
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
A. J. Ayer (1954/1980). Philosophical Essays. Greenwood Press.
Max Black (1968). The Labyrinth of Language. London, Pall Mall P..
Morris Raphael Cohen (1933/1967). Law and the Social Order: Essays in Legal Philosophy. [Hamden, Conn.],Archon Books.
Arthur C. Danto (1967). Persons. In Paul Edwards (ed.), The Encyclopedia of Philosophy. New York, Macmillan. 6--110.
Reginald Walter Michael Dias (1976). Jurisprudence. Butterworth.
Citations of this work BETA
Dan Jerker B. Svantesson (2013). What Is “Law,” If “the Law” Is Not Something That “Is”? A Modest Contribution to a Major Question. Ratio Juris 26 (3):456-485.
Similar books and articles
Penelope Maddy (1995). Naturalism and Ontology. Philosophia Mathematica 3 (3):248-270.
Brian Leiter (2009). Naturalizing Jurisprudence. In John R. Shook & Paul Kurtz (eds.), The Future of Naturalism. Humanity Books.
Wouter de Been (2008). Legal Realism Regained: Saving Realism From Critical Acclaim. Stanford Law Books.
Gregg Caruso (2007). Realism, Naturalism, and Pragmatism: A Closer Look at the Views of Quine and Devitt. Kriterion: Journal of Philosophy 21 (1):64-83.
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
Lennart Åqvist (2008). Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach. Theoria 74 (4):271-294.
Added to index2010-08-16
Total downloads9 ( #179,819 of 1,679,330 )
Recent downloads (6 months)1 ( #182,781 of 1,679,330 )
How can I increase my downloads?