Overview
- 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
Part of the book series: Law and Philosophy Library (LAPS, volume 108)
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Table of contents (16 chapters)
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Front Matter
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Philosophical Foundations
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Front Matter
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Substantive Legal Philosophy
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Front Matter
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The History of Legal Philosophy
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Front Matter
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Context
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Front Matter
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Keywords
- 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
- Politics and Legal Philosophy
- Problem of the Nature of Law
- Scandinavian realism
- Substantive Legal Philosophy
- Systemic Character of Law
- Truth and Correctness
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: A Critical Appraisal of Karl Olivecrona's Legal Philosophy
Authors: Torben Spaak
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-319-06167-2
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2014
Hardcover ISBN: 978-3-319-06166-5Published: 03 July 2014
Softcover ISBN: 978-3-319-38010-0Published: 17 September 2016
eBook ISBN: 978-3-319-06167-2Published: 17 June 2014
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XI, 288
Number of Illustrations: 2 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law