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  1.  8
    Getting Real or Staying Positive: Legal Realism, Legal Positivism and the Prospects of Naturalism in Jurisprudence.Jakob V. H. Holtermann - 2016 - Ratio Juris 29 (4):535-555.
    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 (...)
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  2.  26
    Naturalizing Alf Ross’s Legal Realism. A Philosophical Reconstruction.Jakob V. H. Holtermann - 2014 - Revus 24:165-186.
    This article addresses a pertinent challenge to Scandinavian realism which follows from the widespread perception that the fundamental philosophical premises on which the movement relies, are no longer tenable. Focusing on Alf Ross’s version of Scandinavian realism which has often been at the centre of critical attention, the author argues that Ross’s theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically, he claims that it is possible to dismount Ross’s realist legal theory almost (...)
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    Getting Real or Staying Positive: Legal Realism, Legal Positivism and the Prospects of Naturalism in Jurisprudence.Jakob V. H. Holtermann - 2015 - Ratio Juris 28 (1):535-555.
    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 (...)
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