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Alf Niels Christian Ross (10 June 1899 – 17 August 1979) was a Danish legal and moral philosopher and scholar of international law. He is best known as one of the leading exponents of Scandinavian legal realism. He is known for Ross' paradox.
Denmark, officially the Kingdom of Denmark, is a Nordic country and the southernmost of the Scandinavian nations. Denmark lies southwest of Sweden and south of Norway, and is bordered to the south by Germany. The Kingdom of Denmark also comprises two autonomous constituent countries in the North Atlantic Ocean: the Faroe Islands and Greenland. Denmark proper consists of a peninsula, Jutland, and an archipelago of 443 named islands, with the largest being Zealand, Funen and the North Jutlandic Island. The islands are characterised by flat, arable land and sandy coasts, low elevation and a temperate climate. Denmark has a total area of 42,924 km2 (16,573 sq mi), land area of 42,394 km2 (16,368 sq mi), and the total area including Greenland and the Faroe Islands is 2,210,579 km2 (853,509 sq mi), and a population of 5.8 million.
Scandinavia is a region in Northern Europe, with strong historical, cultural, and linguistic ties. The term Scandinavia in local usage covers the three kingdoms of Denmark, Norway, and Sweden. The majority national languages of these three, belong to the Scandinavian dialect continuum, and are mutually intelligible North Germanic languages. In English usage, Scandinavia also sometimes refers to the Scandinavian Peninsula, or to the broader region including Finland and Iceland, which is always known locally as the Nordic countries.
Legal realism is a naturalistic approach to law and is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses have to be tested against observations of the world.
Born in Copenhagen, Alf Ross graduated from high school in 1917. He studied law, graduating in 1922. He consequently worked in a barrister’s office. In 1923, he commenced a study tour, which would last for two and a half years, visiting France, England and Austria. He spent 1928–1929 in Uppsala, receiving a degree in philosophy in 1929 from the university. In 1935, he was appointed to teach at the University of Copenhagen in Constitutional Law. In 1953, Ross published Om Ret og Retfærdighed (which he would later publish in English, under the title On Law and Justice).
Copenhagen is the capital and most populous city of Denmark. As of July 2018, the city has a population of 777,218. It forms the core of the wider urban area of Copenhagen and the Copenhagen metropolitan area. Copenhagen is situated on the eastern coast of the island of Zealand; another small portion of the city is located on Amager, and is separated from Malmö, Sweden, by the strait of Øresund. The Øresund Bridge connects the two cities by rail and road.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Uppsala University is a research university in Uppsala, Sweden, and is the oldest university in Sweden and all of the Nordic countries still in operation, founded in 1477. It ranks among the world's 100 best universities in several high-profile international rankings. The university uses "Gratiae veritas naturae" as its motto and embraces natural sciences.
In this book, he states that there is no a priori validity to give the law some special position. Experience serves as a guideline. This means, for example, that the famous dictum ‘suum cuique tribuere’, ‘to give to everyone his own’, has no meaning until it has been determined what actually belongs to someone, which means that this is a matter of begging the question (On Law and Justice, § 64 (p. 276)). His determination not to rely on anything but the facts leads to statements as the following: “The legal rule is neither true nor false; it is a directive.” (On Law and Justice, § 2 (p. 2)). Furthermore, the norm is directed at judges rather than citizens (On Law and Justice, § 7 (p. 33)).
Begging the question is an informal fallacy that occurs when an argument's premises assume the truth of the conclusion, instead of supporting it. It is a type of circular reasoning: an argument that requires that the desired conclusion be true. This often occurs in an indirect way such that the fallacy's presence is hidden, or at least not easily apparent.
In this line of thought, he opposes natural law-approaches: “Like a harlot, natural law is at the disposal of everyone. The ideology does not exist that cannot be defended by an appeal to the law of nature. And, indeed, how can it be otherwise, since the ultimate basis for every natural right lies in a private direct insight, an evident contemplation, an intuition. Cannot my intuition be just as good as yours? Evidence as a criterion of truth explains the utterly arbitrary character of the metaphysical assertions. It raises them up above any force of inter-subjective control and opens the door wide to unrestricted invention and dogmatics.” (On Law and Justice, § 58 (p. 261).)
Natural law is a philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason. As determined by nature, the law of nature is implied to be objective and universal; it exists independently of human understanding, and of the positive law of a given state, political order, legislature or society at large.
Human rights are "the basic rights and freedoms to which all humans are entitled" Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life, liberty, and property, freedom of expression, pursuit of happiness and equality before the law; and social, cultural and economic rights, including the right to participate in science and culture, the right to work, and the right to education.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists. Scholars of jurisprudence, also known as jurists or legal theorists, hope to obtain a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.
In logic, the law of excluded middle states that for any proposition, either that proposition is true or its negation is true. It is one of the so called three laws of thought, along with the law of noncontradiction, and the law of identity. The law of excluded middle is logically equivalent to the law of noncontradiction by De Morgan's laws. However, no system of logic is built on just these laws, and none of these laws provide inference rules, such as modus ponens or De Morgan's laws.
Philosophy of law is a branch of philosophy and jurisprudence that seeks to answer basic questions about law and legal systems, such as "What is law?", "What are the criteria for legal validity?", "What is the relationship between law and morality?", and many other similar questions.
Various approaches of Value theory examine how, why, and to what degree humans value things; whether the object or subject of valuing is a person, idea, object, or anything else.
In moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment and usually concerns the legitimacy of the authority of the state over the individual.
Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.
This Index of ethics articles puts articles relevant to well-known ethical debates and decisions in one place - including practical problems long known in philosophy, and the more abstract subjects in law, politics, and some professions and sciences. It lists also those core concepts essential to understanding ethics as applied in various religions, some movements derived from religions, and religions discussed as if they were a theory of ethics making no special claim to divine status.
Natural and legal rights are two types of rights. Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable. Legal rights are those bestowed onto a person by a given legal system.
Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He is author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced to leave this university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time." While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology.
Norms are concepts (sentences) of practical import, oriented to effecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" types of statements and assertions, in distinction to sentences that provide "is" types of statements and assertions. Common normative sentences include commands, permissions, and prohibitions; common normative abstract concepts include sincerity, justification, and honesty. A popular account of norms describes them as reasons to take action, to believe, and to feel.
Declarationism is a legal philosophy that incorporates the United States Declaration of Independence into the body of case law on level with the United States Constitution. It holds that the Declaration is a natural law document and so that natural law has a place within American jurisprudence. Its main proponents include Harry V. Jaffa and other members of the Claremont Institute. Some proponents claim that Supreme Court Justice Clarence Thomas is a follower of this school of thought; however, Thomas is more widely considered a member of the strict constructionist school.
A dilemma is a problem offering two possibilities, neither of which is unambiguously acceptable or preferable. The possibilities are termed the horns of the dilemma, a clichéd usage, but distinguishing the dilemma from other kinds of predicament as a matter of usage.
Louis Frederik Vinding Kruse (1880–1963) was a Danish jurist. From 1914 to 1950 he was a professor at the school formerly known as Rets- og Statsvidenskabelige Fakultet of the University of Copenhagen.
International law is the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.
Imperative logic is the field of logic concerned with arguments containing sentences in the imperative mood. In contrast to sentences in the declarative mood, imperatives are neither true nor false. This leads to a number of logical dilemmas, puzzles, and paradoxes. Unlike classical logic, there is almost no consensus on any aspect of imperative logic.
E. Adamson Hoebel (1906–1993) was Regents Professor Emeritus of anthropology at the University of Minnesota. Having studied under Franz Boas, he held a PhD in anthropology from Columbia University. There he also attended the seminars of Karl N. Llewellyn, who taught at the Columbia Law School from 1925-1951. Llewellyn (1893–1962) was the most important figure associated with the American Legal Realism of the 1920s and 1930s, which held that the law was indeterminate on the basis of statutes and precedents alone and required study of the how disputes are resolved in practice. The "sociological" wing of legal realism championed by Llewellyn held that in American law dispute resolution was strongly influenced by norms such as those in mercantile practice. Llewellyn and Hoebel (1941) went to on to develop a means of determining legal practice from ethnographic description of trouble cases, including mediation and negotiation as well as adjudication. Their "case study method" applied both to social systems with and without formal courts.
The preamble to the Constitution of India is a brief introductory statement that sets out guidelines to guide people and to present the principles of the document, and to indicate the source from which the ordinary document derives its authority, meaning, and the people. The hopes and aspirations of the people as well as the ideals before our nation are described in the preamble in clear words. The preamble can be referred to as the preface which highlights the entire Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, which is celebrated as the Republic day in India.
Scepticism in law is a school of jurisprudence that was a reaction against the idea of natural law, and a response to the 'formalism' of legal positivists. Legal scepticism is sometimes known as legal realism.
Theory of Legal Norms is a book, published in 1958, by the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the legal norm.
In computing, a Digital Object Identifier or DOI is a persistent identifier or handle used to uniquely identify objects, standardized by the International Organization for Standardization (ISO). An implementation of the Handle System, DOIs are in wide use mainly to identify academic, professional, and government information, such as journal articles, research reports and data sets, and official publications though they also have been used to identify other types of information resources, such as commercial videos.