Practice question · True or false
Scandinavian legal realism analyses the validity of a norm in terms of the probability that courts will in fact apply it.
Hints
- Ross wanted validity to be an empirical claim about behaviour.
- The analysis is predictive rather than textual.
Show the answer
True
Why
True. Alf Ross treated a valid norm as one likely to be applied by the courts and felt by them as binding, which turns validity into an empirical question. The standing objection is that it fits the observer better than the participant: a judge deciding a hard case is not predicting their own future conduct, and does not write the judgment that way.
Practise The Four Things the Word "Law" Means
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