By Torben Spaak
This booklet bargains a serious appraisal of Karl Olivecrona’s felony philosophy. in line with Olivecrona’s critique of the view that legislation has binding strength, the research of the idea that and serve as of a felony rule, and the concept legislation is an issue of prepared strength, the publication argues that Olivecrona’s felony philosophy is a distinct contribution to 20th century criminal philosophy. It exhibits how Olivecrona’s philosophy can be utilized within the review of latest theories of legislations, corresponding to these recommend through Hart, Raz, Dworkin, and Alexy. moreover, the publication argues that Olivecrona’s numerous discussions of theories defended via key humans within the background of felony and political philosophy are hugely fascinating contributions. They not just elevate our knowing of the felony and political philosophy of past generations, but in addition complements our perception into legal-philosophical questions that stay with us today.
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Extra info for A Critical Appraisal of Karl Olivecrona's Legal Philosophy
1960. Reine Rechtslehre [The pure theory of law]. 2nd ed. Vienna: Österreichische Staatsdruckerei. Lange, Birgit. 1935. Ringmuren [The ring-wall]. 2nd ed. Stockholm: Gebers. Lange, Birgit. 1938. En man finner sig själv [A man in search of himself]. Stockholm: Gebers. , eds. 1964. Festskrift tillägnad Karl Olivecrona [Festschrift for Karl Olivecrona]. Stockholm: Norstedts. Olivecrona, Karl. 1928. Studier över begreppet juridisk person i romersk och modern rätt [Studies on the concept of a juridical person in Roman and modern law].
Olivecrona maintains in his early works that the term ‘right’ does not refer to anything real, but to some sort of imaginary power. This means that in his early works he endorses an error theory of rights, according to which rights statements are always false. He argues, however, that the concept of a right nevertheless fulfills an important function in legal thinking, in that rights guide human behavior. The concept of a right, he explains, can fulfill this function by expressing an imperative, according to which the right-holder shall be allowed to act in such and such a manner and to maintain control over that to which he has a right, whereas others may not act in the same manner or interfere with the object of the right.
1944a. Den eviga fronten [The everlasting front]. Lundagård 10:193–194. Mjöberg, Jöran. 1944b. Svar till professor Olivecrona [Reply to Professor Olivecrona]. Lundagård 11:229–230. Modéer, Kjell Å. 1993. Karl Olivecrona. Svenskt biografiskt lexikon [Swedish Biographical Encyclopedia] 28:126–129. Olivecrona, Karl. 1933. Förfarandet vid försäljning av fast egendom [Real estate transactions]. Uppsala: Appelberg. Olivecrona, Karl. 1944. Var går fronten? ]. Lundagård 11:223–225. Olivecrona, Karl. 1951.
A Critical Appraisal of Karl Olivecrona's Legal Philosophy by Torben Spaak