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Law as Fact

London: Stevens (1939)

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  1. On Judicial Ascertainment of Facts.Csaba Varga - 1991 - Ratio Juris 4 (1):61-71.
    I. Playing a Game II. The Precondition to Mete out a Legal Sanction III. A Non-cognitively Homogeneous Activity IV. The Reproduction of the Law as a System 1. The Claim for Normative Closedness 2. The Openness of the Communication about Facts Rule of law proclaims the ethos of legal distinctiveness through institutionalizing normative closure, while the rule of facts proclaims a legal functioning embedded in facts as rooted in common sense evidence, backed by practical openness in its functioning. All in (...)
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  • Realism About the Nature of Law.Torben Spaak - 2016 - Ratio Juris 29 (4).
    Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...)
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  • Rights, Performatives, and Promises in Karl Olivecrona's Legal Theory.Martin P. Golding - 2005 - Ratio Juris 18 (1):16-29.
  • A Model of Juridical Acts: Part 1: The World of Law. [REVIEW]Jaap Hage - 2011 - Artificial Intelligence and Law 19 (1):23-48.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its (...)
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  • From Hägerström to Ross and Hart.Enrico Pattaro - 2009 - Ratio Juris 22 (4):532-548.
  • The Philosophy of Scandinavian Legal Realism.Jes Bjarup - 2005 - Ratio Juris 18 (1):1-15.
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  • Some Myth About Realism.Thomas Mautner - 2010 - Ratio Juris 23 (3):411-427.
    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, (...)
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  • Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.E. N. G. Svein - 2011 - Ratio Juris 24 (2):194-246.
    According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...)
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  • Normative Institutionalism and Normative Realism. A Comparison.Carla Faralli - 1993 - Ratio Juris 6 (2):181-189.
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  • Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations.Jiří Přibáň - 2015 - Ratio Juris 28 (1):31-51.
    The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's societal (...)
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  • Naturalizing Jurisprudence – by Brian Leiter.Torben Spaak - 2008 - Theoria 74 (4):352-362.
  • Karl Olivecrona on Judicial Law-Making.Torben Spaak - 2009 - Ratio Juris 22 (4):483-498.
    The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough (...)
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  • L’Imaginaire. Un Outil Méthodologique D’Analyse du Droit.Kerléo Jean-François - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):359-370.
    Résumé L’imaginaire est une catégorie plastique qui renvoie à des conceptions préscientifiques, aux fictions politiques et juridiques, aux croyances religieuses, aux stéréotypes ou préjugés, sans se confondre avec tous ces objets. Notion imprécise et fourre-tout, l’imaginaire serait inutile pour saisir avec rigueur les objets du monde : il relèverait du subjectif et de l’insaisissable. Pourtant, l’imaginaire a bien un contenu, des structures et dévoile une visée de la conscience. En se fondant sur les écrits de Castoriadis, et notamment la distinction (...)
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  • The Politics of Jurisprudence Revisited: A Swedish Realist in Historical Context.Roger Cotterrell - 2015 - Ratio Juris 28 (1):1-14.
    This article argues that juristic theories must be understood in relation to the historical conditions in which they have emerged. This is not to reduce theories to their context but to gain essential insight into their aims, meaning, and scope with the aid of such “external” reference points. Here I use the ideas of the Swedish legal realist Vilhelm Lundstedt to illustrate these claims, choosing his juristic theory for this purpose specifically because it has been so widely seen as deeply (...)
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  • On the Nature of Norms.Peter Koller - 2014 - Ratio Juris 27 (2):155-175.
    This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...)
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  • What Is “Law,” If “the Law” Is Not Something That “Is”? A Modest Contribution to a Major Question.Dan Jerker B. Svantesson - 2013 - Ratio Juris 26 (3):456-485.
    After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law-makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law-makers. We need to remove the mystery that surrounds the law so as to provide for (...)
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  • The Nature of Legal Philosophy.Robert Alexy - 2004 - Ratio Juris 17 (2):156-167.
  • Towards a New Analytical Framework for Legal Communication.Hanneke van Schooten - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (3):425-461.
    This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...)
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  • Karl Olivecrona's Legal Philosophy. A Critical Appraisal.Torben Spaak - 2011 - Ratio Juris 24 (2):156-193.
    I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...)
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  • Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach.Lennart Åqvist - 2008 - Theoria 74 (4):271-294.
    The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by Marc-Wogau (...)
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  • War as an Institutional Fact: Semiotics and Institutional Legal Theory. [REVIEW]Hanneke van Schooten - 2009 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (3):307-320.
    In institutional legal theory, norms and facts are reciprocally operating elements: an interplay in which meaning construction is closely connected with acting: the pragmatic understanding of legal language in terms of its uses. With the semiotic elements of institutional theory, extended by the notion of ‘semiotic groups’, an analytical framework can be constructed to analyze a case study on the shifts in the concept of war which have taken place since the 1945 UN Charter and in the aftermath of 9/11. (...)
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  • Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.Svein Eng - 2011 - Ratio Juris 24 (2):194-246.
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  • The IKBALS Project: Multi-Modal Reasoning in Legal Knowledge Based Systems. [REVIEW]John Zeleznikow, George Vossos & Daniel Hunter - 1993 - Artificial Intelligence and Law 2 (3):169-203.
    In attempting to build intelligent litigation support tools, we have moved beyond first generation, production rule legal expert systems. Our work integrates rule based and case based reasoning with intelligent information retrieval.When using the case based reasoning methodology, or in our case the specialisation of case based retrieval, we need to be aware of how to retrieve relevant experience. Our research, in the legal domain, specifies an approach to the retrieval problem which relies heavily on an extended object oriented/rule based (...)
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