David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
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
Richard Joyce (2001). The Myth of Morality. Cambridge University Press.
G. E. Moore (1903/2004). Principia Ethica. Dover Publications.
Mark Timmons (1999). Morality Without Foundations: A Defense of Ethical Contextualism. Oxford University Press.
Citations of this work BETA
Torben Spaak (2015). Realism About the Nature of Law. Ratio Juris 29 (2):n/a-n/a.
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.
Jakob V. H. Holtermann (2015). Getting Real or Staying Positive: Legal Realism, Legal Positivism and the Prospects of Naturalism in Jurisprudence. Ratio Juris 28 (1).
Similar books and articles
Penelope Maddy (1995). Naturalism and Ontology. Philosophia Mathematica 3 (3):248-270.
Lennart Åqvist (2008). Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach. Theoria 74 (4):271-294.
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
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.
Wouter de Been (2008). Legal Realism Regained: Saving Realism From Critical Acclaim. Stanford Law Books.
Brian Leiter (2009). Naturalizing Jurisprudence. In John R. Shook & Paul Kurtz (eds.), The Future of Naturalism. Humanity Books
Added to index2010-08-16
Total downloads9 ( #350,937 of 1,792,154 )
Recent downloads (6 months)1 ( #464,595 of 1,792,154 )
How can I increase my downloads?