Who Needs a Judge? The Case for Authority of Customary International Law

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 and the Commitments of Predictability (Part I)

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

The ‘Gældende’ Affair (Part II)

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

A Very Scandinavian Saga (Part III)

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

The ‘Gældende’ Affair (Part I)

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

Some Problems of ‘Authority’

‘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

Legal Epistemology’s Research Agenda: Exploring an Alternative Avenue

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

Choosing Legal Logic

From June 17 to 27, 2025 the ALF Summer School on Logical Reasoning and Law took place in Lisbon. During this event, I gave a talk entitled ‘Legal logic(s): one or many? And what are they for?’.   The starting points … Continued

The Role of Dilemmas in Law

Where does the notion of legal dilemma come from? In legal theory, the notion of normative conflict has long been discussed and analysed. Yet, in recent years, a more specific category within the latter has attracted growing attention: the notion … Continued

An advance look at adequate housing: the quest for a universal human right

In light of the consequences of the climate crisis, living in adequate housing conditions is becoming increasingly essential. Humanity is therefore confronted with the imperative of affirming the right to adequate housing as a universal human right, one that safeguards … Continued