Reviews for On law and justice

The average rating for On law and justice based on 2 reviews is 3 stars.

Review # 1 was written on 2020-08-07 00:00:00 David Giles Arguably one of the the most important pieces of analytical philosophy of law, and inarguable the magnum opus of the Scandinavian school of legal realism. Alf Ross does a great job at crystallizing what Scandinavian legal realism is, how it's to be understood both practically and theoretically, and how legal realism is different from legal idealism, positivism and natural law. Ross manages to clearly state what he thinks and why he thinks it. That said, Ross' legal realism does grow from legal positivism, which we'll get to in a second. Problem being that what he thinks isn't always justified by Ross. The main issue with Ross' masterwork is the same as with a lot of works within the analytical sphere of philosophy. Ross navigates and explains within a set number of logical rules, but never explains why those rules are to be followed, if it's desirable to follow those rule or why those rules alone will give you the right answer. Essentially, this is a great work of positivistic philosophy, but a poor piece of meta-philosophy. Ross, as is the tradition with positivism, rejects metaphysics in favor of a logical and empirical approach to both law and justice. But this, as is also a positivistic tradition, happens with an appeal to factors that are assumed to be external to humans. important part being that it's assumed. It seems like Ross, despite his very critical eye and knack for structualistic linguistic, doesn't understand that several of his a priori assumptions indeed carry a political, or otherwise ideological, context or meaning. That is a problem, since Ross tries to establish a science of law. A science that's supposed to be devoid of politics, ideology and feelings. Also, with the lack of meta-philosophical questioning, there's also a lack of value argumentation. That means that Ross never really manages to move from the ought to the is. While it's certainly in Ross' thesis to move legal science from ought to is, Ross never answers why this move ought to be. All of this said, I can still subscribe to Ross practical analysis' and his general approach to legal analysis. For the lawyer in your life, this is the gift that'll keep on giving. Ross' skills in legal linguistics is pretty much unmatched and his approach to legal analysis is nothing if not pragmatic.

Review # 2 was written on 2019-10-12 00:00:00 Gregory Bennett Questo libro mi è costato un trenta all'ultimo esame MA ERO PIEEEEEEENA