Scandinavian Realism

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AS the phrase Scandinavian realism implies, dIe writers whose work is generally considered under this head all have in common a rejection of explanations of a legal system or of legal notions which either are not expressed in factual terms or, if so expressed, nevertheless make a concealed reference to non-factual entities. An example of the first type of explanation is Kelsen's analysis of a legal system as a hierarchy of ought (not is) statements: an example of the second is Austin's analysis of law as the content of the will of the state. This is aQ apparently factual definition of law. But in so far as law cannot be identified with dIe intentions of the individual legislators, then the will of the state which is said to constitute
the law cannot be located in the world of fact.
Original languageEnglish
Pages (from-to)33-55
JournalJuridical Review
Publication statusPublished - 1970


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