A Critical Appraisal of Karl Olivecrona's Legal Philosophy
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Beschreibung
This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.
This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.
The first full treatment of the legal philosophy of a leading Scandinavian realist Fills a void in contemporary legal philosophy Demonstrates how Olivecrona’s legal philosophy depends very much on the philosophical foundations he embraced Identifies the neglected role of legal coercion by contemporary legal philosophers Draws on original texts in Swedish, Danish and Norwegian Provides insights that are not accessible to scholars who do not speak any of the Nordic languages Includes supplementary material: sn.pub/extras
Autor*in
Torben Spaak
Themen in »A Critical Appraisal of Karl Olivecrona's Legal Philosophy«
Axel Hägerström and Alf Ross Binding Force of Law Concept of a Right Critique of Will Theories Early Medieval Swedish Law H. L. A. Hart History of Legal Philosophy Hägerström, Lundstedt, Ross, and Olivecrona Judicial Law-Making Karl Olivecrona Law, Force, and Social Morality Legal Realism and Legal Positivism Legal Rules as Independent Imperatives Natural Law Theory and Legal Positivism Naturalism and Conceptual Analysis