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
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
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
Or: Hägerström’s War on Legal on Metaphysics (or Magic!) Hans Kelsen, in the first edition of his Pure Theory of Law from 1934, recounts that, with the victory of the liberal bourgeoisie in the 19th century, an unprecedented cycle of … Continued
There is an intuitive claim that a metaethical position of ethical objectivism goes hand in hand with legal non-positivism, i.e. a theory of law that makes legal validity dependent on morality. The general claim (let us call it the “Common-sense … Continued