Theoria 74 (4):271-294 (2008)
|Abstract||The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by Marc-Wogau (1940 ), we examine some textual evidence for attributing to Olivecrona a so-called Atheoretical Thesis to the effect that imperatives in the law are neither true nor false or lack truth-value altogether. We close the paper by commenting on the celebrated distinction due to Hedenius (1941 ) and further elaborated by Wedberg (1951 ) between genuine ("rule-stating") normative sentences in the law and spurious ones (stating merely that a given rule is (or is not) in force in a given society at a given time). Two interesting difficulties bound up with that distinction will be dealt with. By means of various quotations we try to capture something of the flavour characterizing the legal philosophical discussion in Sweden in the mid-twentieth century during la belle époque of Scandinavian Legal Realism of which Olivecrona was a typical representative.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
Karl Olivecrona (1974). Locke's Theory of Appropriation. Philosophical Quarterly 24 (96):220-234.
Ralph Abraham Newman (ed.) (1962). Essays in Jurisprudence in Honor of Roscoe Pound. Indianapolis, Bobbs-Merrill.
Martin P. Golding (2005). Rights, Performatives, and Promises in Karl Olivecrona's Legal Theory. Ratio Juris 18 (1):16-29.
Thomas Mautner (2010). Some Myth About Realism. Ratio Juris 23 (3):411-427.
H. L. A. Hart (1955). Inquiries Into the Nature of Law and Morals. By Axel Hagerstrsm. Edited by Karl Olivecrona. Translated by C. D. Broad. (Stockholm, Almquist and Wiksell. Pp. Xxxi + 377. Price Sw. Cr. 25.00.). [REVIEW] Philosophy 30 (115):369-.
Karl Olivecrona (1948). Is a Sociological Explanation of Law Possible? Theoria 14 (2):167-207.
Karl Olivecrona (1971). Law as Fact. London,Stevens.
Torben Spaak (2009). Karl Olivecrona on Judicial Law-Making. Ratio Juris 22 (4):483-498.
Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.
Added to index2009-01-28
Total downloads18 ( #67,558 of 549,090 )
Recent downloads (6 months)1 ( #63,317 of 549,090 )
How can I increase my downloads?