·
It sought to explain how the law changes the
behaviour of people
·
This school of thought was opposed to
metaphysical speculation and was concerned with the general investigation of
the ‘fundamental facts’ of legal systems.
Karl Olivecrona
·
He believed that a monopoly of force is the
fundamental basis of law.
·
Law is produced by natural causes such as the
actions of human beings that have natural effects in the form of actual
influence on the conduct of judges and individuals.
·
Law’s effect remains psychological as that the
law is of binding character is an idea in human mind and nothing in the outside
world corresponds to this idea.
·
Olivecrona rejected the Austinian’s concept of
law as a command. He suggested that the law consists of imagined actions of
imagined people (such as judges) in an imaginary situation.
·
Despite rejecting law as command he stated that
law consists mainly of rules about the application of force.
·
He argued that it is the law that influences
morality and not otherwise.
·
Law’s effectiveness depends on its moral
influence but this moral influence is required only for few fundamental rules
and for the rest of the rules it is sufficient that people consider adherence
to law as a moral obligation and this morality is not counterbalanced by arbitrary
or unreasonable jurisdiction.
Alf Ross
·
He made an attempt to describe the nature of a
rule by using his description of norms and legal rules.
·
He stated that a norm has two aspects:-
o
a directive to do or not something;
o
correspondence of the directive to some social
facts
·
In order to be a norm it must have both the
above prescribed aspects.
·
Acts done out of practical necessity and not out
of a feeling of social or moral obligation are not norms.
·
In order for directive to be a norm it must be
perceived as binding.
·
Binding here does not mean fear of repercussion
in case of noncompliance but rather internal feeling of obligation that norm is
valid.
·
Legal rules are different from other norms in
the sense that they employ use of coercion. They contain directives to those in
authority.
·
Their effectiveness depends on:
o
allegiance of officials to the constitution and
the institutions under it;
o
non-violent sanctions of disapproval and
criticism that are implied in this attitude
·
Since legal rules are directed to officials,
they are not generally enforced but are followed voluntarily.
·
From the psychological point of view, there are
two sets of norms:-
o
Primary Legal Norms - Followed generally by
citizens whether or not there is coercion.
o
Secondary Legal Norms - prescribe how cases are
to be decided
·
From logical point of view only secondary legal
norms exist
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