Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence

Research output: Contribution to journalJournal articleResearchpeer-review

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Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence. / Holtermann, Jakob von Holderstein.

In: Ratio Juris, Vol. 29, No. 4, 01.12.2016, p. 535-555.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Holtermann, JVH 2016, 'Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence', Ratio Juris, vol. 29, no. 4, pp. 535-555. https://doi.org/10.1111/raju.12071

APA

Holtermann, J. V. H. (2016). Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence. Ratio Juris, 29(4), 535-555. https://doi.org/10.1111/raju.12071

Vancouver

Holtermann JVH. Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence. Ratio Juris. 2016 Dec 1;29(4):535-555. https://doi.org/10.1111/raju.12071

Author

Holtermann, Jakob von Holderstein. / Getting Real or Staying Positive? Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence. In: Ratio Juris. 2016 ; Vol. 29, No. 4. pp. 535-555.

Bibtex

@article{b302ec56db79470a9c81b315f8074e0b,
title = "Getting Real or Staying Positive?: Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence",
abstract = "The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.",
keywords = "The Faculty of Law, Legal realism, legal positivism, American legal realism, Scandinavian legal realism, Alf Ross, Brian Leiter, naturalism",
author = "Holtermann, {Jakob von Holderstein}",
note = "Accepted for publication in 2015",
year = "2016",
month = "12",
day = "1",
doi = "10.1111/raju.12071",
language = "English",
volume = "29",
pages = "535--555",
journal = "Ratio Juris",
issn = "0952-1917",
publisher = "Wiley-Blackwell",
number = "4",

}

RIS

TY - JOUR

T1 - Getting Real or Staying Positive?

T2 - Legal Realism(s), Legal Positivism, and the Prospects of Naturalism in Jurisprudence

AU - Holtermann, Jakob von Holderstein

N1 - Accepted for publication in 2015

PY - 2016/12/1

Y1 - 2016/12/1

N2 - The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.

AB - The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.

KW - The Faculty of Law

KW - Legal realism

KW - legal positivism

KW - American legal realism

KW - Scandinavian legal realism

KW - Alf Ross

KW - Brian Leiter

KW - naturalism

U2 - 10.1111/raju.12071

DO - 10.1111/raju.12071

M3 - Journal article

VL - 29

SP - 535

EP - 555

JO - Ratio Juris

JF - Ratio Juris

SN - 0952-1917

IS - 4

ER -

ID: 40358535