David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Ratio Juris 22 (4):483-498 (2009)
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.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Simon Blackburn (1998). Ruling Passions. Oxford University Press.
H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
Allan Gibbard (1990). Wise Choices, Apt Feelings: A Theory of Normative Judgment. Harvard University Press.
Citations of this work BETA
Torben Spaak (2015). Realism About the Nature of Law. Ratio Juris 29 (4).
Similar books and articles
Karl 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.
Anthony Reeves (2011). Judicial Practical Reason: Judges in Morally Imperfect Legal Orders. Law and Philosophy 30 (3):319-352.
Anthony R. Reeves (2010). Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility and Judicial-Reasoning. Law and Philosophy 29 (2):159-187.
Michal Bobek, On the Application of European Law in (Not Only) the Courts of the New Member States: 'Don't Do as I Say'?
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.
Lennart Åqvist (2008). Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach. Theoria 74 (4):271-294.
Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.
Added to index2009-01-28
Total downloads26 ( #182,959 of 1,926,176 )
Recent downloads (6 months)2 ( #333,028 of 1,926,176 )
How can I increase my downloads?