Abstract

In the preface to the first edition of Om ret og retfærdighed, Ross paid tribute to the Danish jurist Viggo Bentzon (1861-1937), who had revived the practical nature of law in the wake of Ørsted’s legal realism and against the later speculative turn (Bornemann, Goos). This essay primarily examines Bentzon’s legal philosophical thought, by focusing on the concept of legal discretion. No less attention is paid to the relationship between Bentzon and the young Ross. While Bentzon was very critical of Ross’s Kelsenian-inspired first work, he was extremely enthusiastic about Ross’s realist turn. Such a turn carries Bentzon’s own signs, as it is variously echoed in Ross’s later works.