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)|
References found in this work BETA
Wise Choices, Apt Feelings: A Theory of Normative Judgment.Allan Gibbard - 1990 - Harvard University Press.
Citations of this work BETA
Similar books and articles
Rights, Performatives, and Promises in Karl Olivecrona's Legal Theory.Martin P. Golding - 2005 - Ratio Juris 18 (1):16-29.
Judicial Practical Reason: Judges in Morally Imperfect Legal Orders.Anthony Reeves - 2011 - Law and Philosophy 30 (3):319-352.
Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility and Judicial-Reasoning.Anthony R. Reeves - 2010 - Law and Philosophy 29 (2):159-187.
On the Application of European Law in (Not Only) the Courts of the New Member States: 'Don't Do as I Say'?Michal Bobek - unknown
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]H. L. A. Hart - 1955 - Philosophy 30 (115):369-.
Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach.Lennart Åqvist - 2008 - Theoria 74 (4):271-294.
Karl Olivecrona's Legal Philosophy. A Critical Appraisal.Torben Spaak - 2011 - Ratio Juris 24 (2):156-193.
Added to index2009-01-28
Total downloads27 ( #181,915 of 2,146,235 )
Recent downloads (6 months)1 ( #387,123 of 2,146,235 )
How can I increase my downloads?
There are no threads in this forum
Nothing in this forum yet.