Karl Olivecrona on judicial law-making
Ratio Juris 22 (4):483-498 (2009)
| Abstract | The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. | |||||||||
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Similar books and articlesKarl Olivecrona (1974). Locke's Theory of Appropriation. Philosophical Quarterly 24 (96):220-234.
Martin P. Golding (2005). Rights, Performatives, and Promises in Karl Olivecrona's Legal Theory. Ratio Juris 18 (1):16-29.
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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-.
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Karl Olivecrona (1971). Law as Fact. London,Stevens.
Lennart Åqvist (2008). Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach. Theoria 74 (4):271-294.
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