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Alf Ross: Towards a Realist Critique and Reconstruction of International Law

Alejandro Lorite Escorihuela*

Full text available: PDF format **

Abstract

The question asked by this article is whether it is possible to adopt a conception of international law based in one way or another on a species of legal realism. The suggested exploration revolves around Ross' association with Scandinavian legal realism and the quest for a consistent expression that this association would then take in Ross' dealings with the law of nations. After presenting Ross' legal realism as essentially guided by a metatheoretical standpoint in turn dictated by an implicit allegiance to philosophical positivism, the article reconstructs the meanders of the critique of international law and its subsequent reconstruction as flowing from Ross' legal scientism. Against a background of various shades of realism in legal theory, I finally and forcefully propose a confrontation between Ross and three other figures of the legal-realist pantheon, in search of a form of lineage between legal and political realism that may support the coherence of Alf Ross' theoretical trajectory. Thus treated, the initial question ends up being far more significant on its own than through the answers it apparently fails to find along the way.

* SJD candidate, Harvard Law School, Cambridge (USA). Professors Martti Koskenniemi, David W. Kennedy and Duncan Kennedy offered me their interest in this discussion, their support, crucial insights and compassionate criticism, which is more than I could have wished for. My thanks go also to some other very creative individuals who took precious time off their schedules to generously discuss various aspects of this contribution with me. I remain indebted to my brother Francisco Lorite, and my friends and colleagues Rosa Comella, Máximo Langer and Hani Sayed for their invaluable help. Quotations translated by Jocelyn Evans.

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