In this paper I set out to read Hägerström through his own eyes, adhering to the terminology he uses in his own original work and attempting to make sense of the variance and uniformity alike that one finds in his linguistic usage. The translations we have of Hägerström's works are quite liberal, using the same word in English where the original uses different ones, and, vice versa, using different words in English where the original uses a single one in different (...) contexts. These misleading translations of Hägerström have contributed in some measure to Hägerström's reputation for obscurity. Further, and most importantly, I will take seriously what Hägerström says about his own thought, namely, that it is dependent on that of Kant and independent of the currents of thought contemporary with Hägerström. In Section 1, I will briefly take up the problem of consciousness that Hägerström proceeds from, and will recall something that Bertrand Russell once said, in 1928, in regard to the revolt staged in the early 20th century in Europe against German idealism. In Sections 2 and 4.1, I will instead take up Kant for the purpose of clarifying Hägerström's theory of judgment as treated in Section 3. In Section 4.2, I will illustrate the difference between the notions of nothing, R-reality, and W-reality in Hägerström. In Sections 5 and 6, I will examine the analysis that Hägerström offers of the principle of contradiction, and will summarize the three types of judgment he singled out, including the type he called impossible judgment. In Section 7, I will consider Hägerström views as grounding, in a transcendental way, the presupposition of the primacy of the external spatio-temporal world, a world independent of our representations: I will consider in particular the W-real complexes that are merely represented, as well as the spatio-temporal world as the only W-real complex that is not merely represented. Finally, in Section 8, I will briefly consider some of those who have commented and translated Hägerström, this to conclude that R-reality and W-reality are coextensive but not synonymous. (shrink)

My thesis is that morality arises when a group of people reach an implicit agreement or come to a tacit understanding about their relations with one another. Part of what I mean by this is that moral judgments - or, rather, an important class of them - make sense only in relation to and with reference to one or another such agreement or understanding. This is vague, and I shall try to make it more precise in what follows. But it (...) should be clear that I intend to argue for a version of what has been called moral relativism. (shrink)

First, The doctrine of naturalism, That reality is spatio-Temporal, Is defended. Second, The doctrine of materialism or physicalism, That this spatio-Temporal reality involves nothing but the entities of physics working according to the principles of physics, Is defended. Third, It is argued that these doctrines do not constitute a "first philosophy." a satisfactory first philosophy should recognize universals, In the form of instantiated properties and relations. Laws of nature are constituted by relations between universals. What universals there are, And what (...) relations hold between them, Must be discovered "a posteriori" by scientific investigation. (shrink)

In this article, I discuss Alf Ross's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while Ross's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite these difficulties Ross's analysis (...) deserves our continued attention, because the fundamental idea—that the concept of a legal right must be understood functionally—is sound. (shrink)

This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non-cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, (...) and the gradual abandonment of one, has often been overlooked. A corollary of the discussion is that there are some important corrigenda in the entry “Naturalism in legal philosophy” in the Stanford Encyclopedia of Philosophy. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term “evaluation” in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather narrow viewpoint of the study (...) of law's normativity, it is less attractive than the latter from the broader viewpoint of the study of the nature of law. I then distinguish between a moral and a strictly legal conception of the normative force of legal justification, and argue that legal positivists may without contradiction embrace the moral conception, and that therefore the analysis of the normative force of legal justification need not be a problem for legal positivists. I conclude that, on the whole, we have reason to prefer legal positivism to natural law theory. I begin by introducing the subject of jurisprudence . I then introduce the natural law/legal positivism debate, suggesting that we ought to understand it as a debate about the proper way to explicate the concept of law . I proceed to argue that legal decision‐making is a matter of applying legal norms to facts, and that syllogistic reasoning plays a prominent role in legal decision‐making thus conceived . Having done that, I discuss law's normativity , the normative force of legal justification , and the relation between the former and the latter . I conclude with a critical comment on Joseph Raz’ understanding of the question of law's normativity. (shrink)

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

Ruling Passions is about human nature. It is an invitation to see human nature a certain way. It defends this way of looking at ourselves against competitors, including rational choice theory, modern Kantianism, various applications of evolutionary psychology, views that enchant our natures, and those that disenchant them in the direction of relativism or nihilism. It is a story centred upon a view of human ethical nature, which it places amongst other facets of human nature, as just one of the (...) elements which give us the manifold objects of our concerns and cares. (shrink)