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

A Very Scandinavian Saga (Part II)

Or: The Legal Phenomenon According to Hägerström and its Echoes in the Works of Olivecrona and Lundstedt   The first part of this project explored the historical and cultural context, as well as the rejection of metaphysics, that laid and … Continued

A Very Scandinavian Saga (Part I)

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