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
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
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