Legal certainty is frequently associated with the idea that legal subjects must be able to anticipate how their actions will be classified by the legal system. Yet, as soon as the notion of predictability is analysed with rigour, the apparently simple intuition … Continued
Or: Like a Rolling Stone – The Ongoing Metamorphosis of Ross in Tû-Tû, On Law and Justice, and His Eventual Abandonment of Logical Empiricism In Part III of this “Very Scandinavian Saga”, we have seen that Ross, in his Towards … Continued
Legal certainty is frequently associated with the idea that legal subjects must be able to anticipate how their actions will be classified by the legal system. Yet, as soon as the notion of predictability is analysed with rigour, the apparently simple intuition … Continued
Customary norms have historically governed societies both nationally and internationally long before the emergence of legislators and solid legal institutions. From tribal organisation to mercantile practices, custom has operated as a binding source of order, dispute resolution, and social regulation. … Continued
Legal certainty is frequently associated with the idea that legal subjects must be able to anticipate how their actions will be classified by the legal system. Yet, as soon as the notion of predictability is analysed with rigour, the apparently simple intuition … Continued
As we have seen in Part I, ‘gyldig’ and ‘gældende’ are two central concepts of the theory of law and of legal norms that Ross tried to advance in ORR. Most of the translations of these concepts make the mistake … Continued
Or: The First Steps of Ross, the Young Danish (Kantian?) Realist Part I and Part II of this “Very Scandinavian Saga” focused primarily on Axel Hägerström’s concern with building a jurisprudence grounded in a strictly empiricist conception of scientific … Continued
This blog post is an attempt to present succinctly the misadventures of the translation of a key term in Alf Ross’ most famous book – some would say, his best and most important one – Om ret og retfærdighed (originally … Continued
‘Authority’ is a term that is widely used and considered to be of the utmost importance. At the same time, however, it is highly controversial and deeply indeterminate. Moreover, there are several questions related to ‘authority’ that are not always … Continued
There are roughly two models most western criminal justice systems may be said to align with: the crime control model (CCM) and the due process model (DPM). The built-in aversion to false negatives of the former translates into a more … Continued