Ross and Olivecrona on Rights

Minnesota Legal Studies Research Paper No. 06-14

Australian Journal of Legal Philosophy, 2009

18 Pages Posted: 23 Mar 2006 Last revised: 18 Feb 2009

Brian Bix

University of Minnesota Law School

Date Written: December 26, 2007

Abstract

Scandinavian legal realism was a movement of the early and middle decades of the 20th century, which paralleled the American legal realist movement, while presenting a more skeptical challenge to legal reasoning and discourse. The present paper was written for a forthcoming Oxford University Press collection on the Scandinavian realists. The approach to jurisprudence of Scandinavian realists Alf Ross and Karl Olivecrona was simultaneously simple and radical: they wanted to rid our thinking about law of all the mystifying references to abstract concepts and metaphysical entities. This paper offers a critical overview of Ross's and Olivecrona's views on legal rights, while also summarizing the critiques of those views (e.g., by H.L.A. Hart and Joseph Raz).

Keywords: legal rights, Scandinavian legal realism, Alf Ross, Karl Olivecrona

Suggested Citation

Bix, Brian, Ross and Olivecrona on Rights (December 26, 2007). Minnesota Legal Studies Research Paper No. 06-14; Australian Journal of Legal Philosophy, 2009. Available at SSRN: https://ssrn.com/abstract=892788 or http://dx.doi.org/10.2139/ssrn.892788

Brian Bix (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2505 (Phone)
612-625-2011 (Fax)

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