Naturalizing Alf Ross’s Legal Realism: A Philosophical Reconstruction
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Naturalizing Alf Ross’s Legal Realism : A Philosophical Reconstruction. / Holtermann, Jakob v. H.
In: Revus. Journal for Constitutional Theory and Legal Philosophy, Vol. 2014, No. 24, 2014, p. 165-186.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Naturalizing Alf Ross’s Legal Realism
T2 - A Philosophical Reconstruction
AU - Holtermann, Jakob v. H.
PY - 2014
Y1 - 2014
N2 - In this article I address 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 I argue that his theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically I argue that it is possible to dismount Ross’s realist legal theory almost intact from its commitments to logical positivism and embed it into an alternative naturalist philosophical program that is currently very strong in contemporary philosophy. In so doing, I apply a narrow Quinean conception of naturalism also known as replacement naturalism, which differs from a broader inclusive conception which has been applied by other scholars in the field but which leaves the philosophical crisis of Scandinavian realism unsolved.
AB - In this article I address 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 I argue that his theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically I argue that it is possible to dismount Ross’s realist legal theory almost intact from its commitments to logical positivism and embed it into an alternative naturalist philosophical program that is currently very strong in contemporary philosophy. In so doing, I apply a narrow Quinean conception of naturalism also known as replacement naturalism, which differs from a broader inclusive conception which has been applied by other scholars in the field but which leaves the philosophical crisis of Scandinavian realism unsolved.
KW - Faculty of Law
KW - Alf Ross
KW - Skandinavisk realisme
KW - naturaliseret epistemologi
KW - naturaliseret retsfilosofi
KW - logisk positivisme
KW - Quine
KW - Alf Ross
KW - Scandinavian realism
KW - naturalized epistemology
KW - naturalizing jurisprudence
KW - W.V.O. Quine
M3 - Journal article
VL - 2014
SP - 165
EP - 186
JO - Revus
JF - Revus
SN - 1581-7652
IS - 24
ER -
ID: 126380946