By Torben Spaak
This booklet deals a severe appraisal of Karl Olivecrona’s criminal 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 that legislations is an issue of equipped strength, the e-book argues that Olivecrona’s criminal philosophy is a distinct contribution to 20th century felony philosophy. It indicates how Olivecrona’s philosophy can be utilized within the overview of latest theories of legislation, resembling these recommend through Hart, Raz, Dworkin, and Alexy. additionally, the booklet argues that Olivecrona’s numerous discussions of theories defended via key humans within the background of felony and political philosophy are hugely attention-grabbing contributions. They not just bring up our figuring out of the felony and political philosophy of past generations, but additionally 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
Pointing out that the command is the prototype of the imperative, he explains that commands have a suggestive character in the sense that they work directly on the will of the recipient of the command, that this means that they can cause human behavior, and that therefore legal rules are part of (what he refers to as) the chain of cause and effect. He also maintains that legal rules are not commands, but independent imperatives, which differ from commands in that they are not issued by anyone in particular and are not addressed to anyone in particular, and in that they can sometimes be replaced by sentences that express a judgment.
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. Realism and idealism: Some reflections on the cardinal point in legal philosophy. New York University Law Review 26:120–131.
Hence Europe had to respond by uniting behind a strong leader, namely Germany. 24). Olivecrona’s idea, first put forward in England eller Tyskland, was that Germany must be the much needed leader of Europe, because Germany was the only European country that was powerful enough to accomplish such unification, and (he The Swedish original reads as follows. “Folket och geografin äro viktigare. ” 4 The Swedish original reads as follows. “Oron för Tysklands makt är nu stor. Kanske skulle dock oron vara större och bättre grundad om denna makt fölle bort.