Scandinavian legal realism and the notion of an internal point of view

Authors

  • Matheus de Barros Faculdade de Direito da Universidade de São Paulo (mestrando). Pesquisador do Núcleo de Estudos sobre o Crime e a Pena da FGV Direito SP.

DOI:

https://doi.org/10.18316/redes.v8i3.4351

Keywords:

Ross, Hart, Realismo, Ponto de Vista, Interno.

Abstract

This article aims to demonstrate the anticipation made by the Scandinavian legal realism of important characteristics of the notion known as the internal point of view, according to Herbert Hart’s positivism. To do so, the ideas of Axel Hägerström and Alf Ross are explored. In the beginning of the text, a brief, although necessary, distinction between the Scandinavian and the American thoughts is shown, given that even Hart has equated both realisms in a critique against Ross’s work. Then, it is presented an analysis of passages in the texts of Hägerström and Ross, bearing in mind the objective of identifying some characteristics of the internal point of view. During the analysis, it is necessary to approach some aspects of Ross’s theory, like the distinction between valid law and law in force, besides his struggle against the reality/validity dualism, in a way that makes it possible and coherent to sustain that the Scandinavian legal realism is compatible with Hart’s positivism. Finally, the possibility of establishing a relation of complementarity between both theories is verified, and the importance of the study of Scandinavian legal realism – a field of legal thought not so explored in Brazil – is confirmed, given its originality and compatibility with the theory exposed and defended in “The Concept of Law”.

Author Biography

Matheus de Barros, Faculdade de Direito da Universidade de São Paulo (mestrando). Pesquisador do Núcleo de Estudos sobre o Crime e a Pena da FGV Direito SP.

Mestrando em Filosofia e Teoria Geral do Direito na Faculdade de Direito da Universidade de São Paulo.

Graduado na Faculdade de Direito de São Bernardo do Campo.

Pesquisador do Núcleo de Estudos sobre o Crime e a Pena da FGV Direito SP.

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Published

2020-07-31

Issue

Vol. 8 No. 3 (2020)

Section

Law in motion in perspective

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