A Critical Appraisal of Karl Olivecrona's Legal Philosophy (Law and Philosophy Library Book 108)

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. 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.-- Introduction -- Part I: Background -- Karl Olivecrona: A Biographical Sketch -- Olivecrona's Legal Philosophy: A Preview -- Axel Hägerström's Legal Philosophy: An Overview -- Part Ii: Philosophical Foundations -- Naturalism -- Meta-ethics -- Part Iii: Substantive Legal Philosophy -- The Binding Force Of Law -- Legal Rules As Independent Imperatives -- The Concept Of A Right -- Law, Force, And Social Morality -- Judicial Law-making -- Legislation -- Truth And Correctness -- Part Iv: The History Of Legal Philosophy -- Topics In The History Of Legal And Political Philosophy -- Part V: Context -- Legal Realism And Legal Positivism -- Hägerström, Lundstedt, Ross, And Olivecrona -- Karl Olivecrona: A Selective Bibliography. Torben Spaak. Includes Bibliographical References And Index. Front Matter....Pages i-xi Introduction....Pages 1-16 Front Matter....Pages 17-17 Karl Olivecrona: A Biographical Sketch....Pages 19-33 Olivecrona’s Legal Philosophy: A Preview....Pages 35-43 Axel Hägerström’s Legal Philosophy: An Overview....Pages 45-68 Front Matter....Pages 69-69 Naturalism....Pages 71-85 Meta-ethics....Pages 87-108 Front Matter....Pages 109-109 The Binding Force of Law....Pages 111-125 Legal Rules as Independent Imperatives....Pages 127-140 The Concept of a Right....Pages 141-155 Law, Force, and Social Morality....Pages 157-180 Judicial Law-Making....Pages 181-193 Legislation....Pages 195-205 Truth and Correctness....Pages 207-215 Front Matter....Pages 217-217 Topics in the History of Legal and Political Philosophy....Pages 219-237 Front Matter....Pages 239-239 Legal Realism and Legal Positivism....Pages 241-259 Hägerström, Lundstedt, Ross, and Olivecrona....Pages 261-277 Back Matter....Pages 279-288 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.-- Provided by publisher