Enrico Pattaro

New Studies on Legal Realism: Theory of Reality, of Judgement and of Judgements about Duty in Axel Hägerström

  • Abstract

Informations and abstract

Keywords: Scandinavian Legal Realism; Axel Hägerström; Legal Ontology; Legal Norms.

The author examines in this paper the distinction between "realitet" (logical reality), and "verklighet" (effectual reality), as it emerges from Axel Hagerstrom's ontology and theory of judgement. After making some general considerations on legal realism (Section 1), the author brings the distinction just mentioned to bear on the definition of negative and affirmative judgements in Hagerstrom's view (Section 2) and then he shows how several of Hagerstrom's commentators have completely overlooked that distinction (Section 3). In the final part of the paper (Sections 4 and 5) Hagerstrom's theory of ought-judgements and his general concept of what is "right" and of norms are explained.

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