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A Critical Appraisal of Karl Olivecrona's Legal PhilosophyIntroduction

A Critical Appraisal of Karl Olivecrona's Legal Philosophy: Introduction [In this chapter, I explain the problem of the nature of law, as I see it, introduce the theories of natural law, legal positivism and Scandinavian realism, and present the main claims of the book. Following H. L. A. Hart and Robert Alexy, I take the problem of the nature of law to concern three distinct problem areas, namely (i) the relation between law and morality, (ii) the relation between law and coercion (or force), and (iii) the question about the components of law, and I point out that the idea that our object of investigation is not just law, but the nature of law, involves the idea that we are looking for properties of law that are in some sense necessary. My account of natural law theory and legal positivism is in keeping with contemporary writings on the topic and serves only to set the scene for the continued discussion. And I explain that I shall argue in the book that 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, make Olivecrona’s legal philosophy a unique contribution to twentieth-century legal philosophy—and in regard to the latter question, a much needed foil against which we can view contemporary theories of law. In addition, I argue that the philosophical basis of Olivecrona’s substantive legal philosophy, namely Olivecrona’s naturalism and non-cognitivism, is an important part of what makes this legal philosophy so interesting.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Critical Appraisal of Karl Olivecrona's Legal PhilosophyIntroduction

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing Switzerland 2014
ISBN
978-3-319-06166-5
Pages
1 –16
DOI
10.1007/978-3-319-06167-2_1
Publisher site
See Chapter on Publisher Site

Abstract

[In this chapter, I explain the problem of the nature of law, as I see it, introduce the theories of natural law, legal positivism and Scandinavian realism, and present the main claims of the book. Following H. L. A. Hart and Robert Alexy, I take the problem of the nature of law to concern three distinct problem areas, namely (i) the relation between law and morality, (ii) the relation between law and coercion (or force), and (iii) the question about the components of law, and I point out that the idea that our object of investigation is not just law, but the nature of law, involves the idea that we are looking for properties of law that are in some sense necessary. My account of natural law theory and legal positivism is in keeping with contemporary writings on the topic and serves only to set the scene for the continued discussion. And I explain that I shall argue in the book that 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, make Olivecrona’s legal philosophy a unique contribution to twentieth-century legal philosophy—and in regard to the latter question, a much needed foil against which we can view contemporary theories of law. In addition, I argue that the philosophical basis of Olivecrona’s substantive legal philosophy, namely Olivecrona’s naturalism and non-cognitivism, is an important part of what makes this legal philosophy so interesting.]

Published: Jun 18, 2014

Keywords: Legal Rule; Legal Scholar; Binding Force; Legal Concept; Legal Philosophy

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