Weinberger, Ota (1919–2009)

Weinberger is noted as a proponent of ‘institutionalist positivism’ in legal theory. By contrast with earlier forms of so-called ‘institutionalism’ in law, Weinberger advances a theory in which norms are ideal entities linked by logical relations inter se, while being at the same time social realities identifiable in terms of the effect they exercise in guiding human social behaviour. The institutions which make possible this duality of ideal entity and social reality have themselves to be understood as structured by norms. Hence, in contrast with earlier proponents of institutionalism, who denied the foundation of law in norms, Weinberger is normativist in his approach; and for the metaphysical vitalism of precursors, he substitutes a social realism.