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

21 Pages Posted: 21 Nov 2016

See all articles by Jakob v. H. Holtermann

Jakob v. H. Holtermann

University of Copenhagen - iCourts - Centre of Excellence for International Courts

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Date Written: December 2016

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.

Suggested Citation

Holtermann, Jakob v. H., Getting Real or Staying Positive: Legal Realism(s), Legal Positivism and the Prospects of Naturalism in Jurisprudence (December 2016). Ratio Juris, Vol. 29, Issue 4, pp. 535-555, 2016, Available at SSRN: https://ssrn.com/abstract=2872459 or http://dx.doi.org/10.1111/raju.12071

Jakob v. H. Holtermann (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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