Chapter

Scandinavian Realism

H. L. A. Hart

in Essays in Jurisprudence and Philosophy

Published in print November 1983 | ISBN: 9780198253884
Published online March 2012 | e-ISBN: 9780191681431 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253884.003.0007
Scandinavian Realism

Show Summary Details

Preview

This chapter focuses on some themes of modern Scandinavian jurisprudence. It specifically addresses the standards used in criticism of the structure of law. This idea owes much to Popper's The Open Society and its Enemies and Stevenson's Ethics and Language. The chapter contains a critique of classical and Thomist Natural Law, of the idea of justice, and of utilitarianism, and also legal politics. The concept of legal validity is in some respects different from that of a chess rule to which Ross compares it and much more like that of a score in a game. It is important to understand social rules and the normative uses of language which are an inseparable part of the complex phenomenon of social life.

Keywords: Scandinavian jurisprudence; structure of law; Natural Law; justice; utilitarianism; legal politics

Chapter.  3560 words. 

Subjects: Jurisprudence and Philosophy of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.