A Critical Appraisal of Karl Olivecrona's Legal Philosophy

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

Contenu

Preface.- 1. Introduction.- Part I. Background.- 2. Karl Olivecrona: a Biographical Sketch.- 3. Karl Olivecrona's Legal Philosophy: a Preview.- 4. Axel Hägerström's Legal Philosophy: an Outline.- Part II. Philosophical Foundations.- 5. Naturalism.- 6. Meta-Ethics.- Part III. Substantive Legal Philosophy.- 7. The Binding Force of Law.- 8. Legal Rules as Independent Imperatives.- 9. The Concept of a Right.- 10. Law, Force, and Social Morality.- 11. Judicial Law-Making.- 12. Legislation.- 13. Truth and Correctness.- Part IV. The History Of Legal Philosophy.- 14 . Topics in the History of Legal and Political Philosophy.- Part V. Context.- 15. Legal Realism and Legal Positivism.- 16. Hägerström, Lundstedt, Ross, and Olivecrona.- Karl Olivecrona's Oeuvre: a Selective Bibliography.- Index.