A Critical Appraisal of Karl Olivecrona's Legal Philosophy by Torben Spaak

By Torben Spaak

This publication deals a severe appraisal of Karl Olivecrona’s felony philosophy. in response to Olivecrona’s critique of the view that legislations has binding strength, the research of the idea that and serve as of a felony rule, and the concept legislation is an issue of equipped strength, the ebook argues that Olivecrona’s felony philosophy is a distinct contribution to 20th century felony philosophy. It exhibits how Olivecrona’s philosophy can be utilized within the overview of up to date theories of legislations, corresponding to these recommend through Hart, Raz, Dworkin, and Alexy. moreover, the booklet argues that Olivecrona’s a variety of discussions of theories defended by way of key humans within the historical past of felony and political philosophy are hugely attention-grabbing contributions. They not just raise our knowing of the criminal and political philosophy of earlier generations, but in addition complements our perception into legal-philosophical questions that stay with us today.

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It is around this core that the work of unification must be done. From whatever angle one looks upon this problem, whatever outcome of the war one imagines, one cannot get past this necessity. If this state of things is recognized generally, then the way is paved for the psychological adjustment that must occur. 6 The starting point was an interview with Lundstedt in the Swedish newspaper Göteborgs Handels- och Sjöfarts-Tidning (the leading quality newspaper in the Gothenburg region, renowned for its uncompromising anti-Nazi stance) 27 June 1941, in which Lundstedt complained bitterly about attempts that had been made to invoke Axel Hägerström’s philosophy in support of the Nazi ideology.

1985. En rättsvetenskaplig tragedi [A legal-scientific tragedy]. In Festskrift till Henrik Hessler [Festschrift for Henrik Hessler], ed. Torgny Håstad, 131–160. Stockholm: Norstedts. Fries, Martin. 1964. Karl Olivecrona—forskaren och vännen [Karl Olivecrona—scholar and friend]. In Festskrift tillägnad Karl Olivecrona, eds. , 9–20. Stockholm: Norstedts. Hägerström, Axel. 1953a. General view. In Inquiries into the nature of law and morals, ed. Karl Olivecrona, 1–16 (Trans: C. D. Broad). Uppsala: Kungliga humanistiska vetenskapssamfundet i Uppsala.

1953c. On the question of the notion of law. In Inquiries into the nature of law and morals, ed. Hägerström, 56–256. Uppsala: Almqvist & Wiksells. Hägerström, Axel. 1953d. Kelsen’s theory of law and the state. In Inquiries into the nature of law and morals, ed. Axel Hägerström, 257–298. Uppsala: Almqvist & Wiksells. Hägerström, Axel. 1953e. The conception of a declaration of intention in the sphere of private law. In Inquiries into the nature of law and morals, ed. Hägerström, 299–347. Uppsala: Almqvist & Wiksells.

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