Alf Ross and The theory of prediction

The theory of prediction (prognosis theory) must be considered as the core of the philosophy of law in the legal realism of Alf Ross. It is concerned with the development of a scientific and objectivist foundation of legal science. With this theory Ross is challenging classical and modern conceptions of natural law in the legal philosophies of Aristotle and Kant, but also the conceptions of legal positivism in the 20^th century. Ross is inspired by the social technological and utility oriented legal positivism in the philosophy of Bentham, but he is also critical towards the idea of utility as a part of subjective legal policy. Moreover, the legal positivism of Austin is criticized for focusing too much on law as outer force and for not conceiving the function of law in society. According to Ross valid law is an expression of factual law in society and not as a sanction of a legal system of norms as we find it by Hans Kelsen.