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Alf Ross's legal theory in the framework of Scandinavian legal realism

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2023
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Abstract (EN)

Scandinavian legal realism (SLR), as a (relatively) dominant legal theory especially in the first half of the 20th century, has made significant contributions to establishing the relationship between the concept of law and reality. In our dissertation, the basic features of Scandinavian legal realism, the legal theory of Alf Ross, who is the one of the most important representatives of this movement, will be discussed especially in the focus of the problem of legal validity. In doing so, a general-to-specific and "descriptive" approach has been adopted. In the first chapter, the main features and themes of Scandinavian legal realism are revealed. First of all, general evaluations about legal realism(s) are made, then the historical roots and representatives of Scandinavian legal realism are emphasized. Subsequently, the main features of SLR are elaborated by dividing them into "negative" and "positive" aspects. As negative routes, the rejection of metaphysics, criticism of traditional legal science and theories, and criticism of traditional legal concepts have been loudly voiced by SLR. On the other hand, positive routes appear in the form of the their emphasis on language and psychological processes in law, and their views on the position of the legislator, the jurist and the judiciary. Finally, in the first chapter, SLR and American Legal Realism are also compared. When it comes to the second main chapter, Alf Ross's understanding of law is discussed more specifically. In this context, Ross's academic journey, important stations in his legal thought that he expressed in his different works, and his approach to legal philosophy and the problem of the nature of law in general are emphasized. In the third and last chapter, Ross's theory of legal validity is examined in detail from the first hand. In addition, the criticisms brought to Ross's approach to legal theory and especially to the problem of legal validity are included. Ultimately, the main purpose of this dissertation is to examine, starting from SLR, to Alf Ross's legal theory and then to Ross's Ross's understanding of legal validity, which is a significant part of Ross's legal theory through a descriptive method.

Author

Harun Bodur

How to Cite

Harun Bodur (Doctorate thesis). Alf Ross's legal theory in the framework of Scandinavian legal realism, 2023, Ankara University.

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