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Download A Critical Appraisal of Karl Olivecrona's Legal Philosophy by Torben Spaak PDF

By Torben Spaak

This booklet bargains a severe appraisal of Karl Olivecrona’s felony philosophy. in keeping with Olivecrona’s critique of the view that legislations has binding strength, the research of the idea that and serve as of a criminal rule, and the concept that legislations is an issue of geared up strength, the publication argues that Olivecrona’s criminal philosophy is a distinct contribution to 20th century felony philosophy. It exhibits how Olivecrona’s philosophy can be utilized within the evaluation of latest theories of legislation, equivalent to these recommend by means of Hart, Raz, Dworkin, and Alexy. additionally, the e-book argues that Olivecrona’s numerous discussions of theories defended by means of key humans within the background of felony and political philosophy are hugely fascinating contributions. They not just bring up our realizing of the felony and political philosophy of past generations, but in addition complements our perception into legal-philosophical questions that stay with us today.

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Added to this, there is a quality that explains the efficiency in his activities, both as a scholar and as a man of action: the alertness of his thoughts and his lack of prejudice and rigid dogmatism. All this, as well as his multifarious interests, make being together with him not only intellectually stimulating but also abundantly satisfying and cordial. One cannot but feel a deep delight and gratitude for having a friend such as Karl Olivecrona. At a time when there certainly is a need for persons with high moral stature, he is a bright spot.

2003. Legal positivism, law’s normativity, and the normative force of legal justification. Ratio Juris 16:469–485. Strömholm, Stig. 2008/2009. Karl Olivecrona: Continuity and breach of tradition. Juridisk tidskrift 1:62–73. Hedenius, Ingemar. 1941. Om rätt och moral [On law and morals]. Stockholm: Tiden. Kelsen, Hans. 1960. Reine Rechtslehre [The pure theory of law]. 2nd ed. Vienna: Österreichische Staatsdruckerei. Lange, Birgit. 1935. Ringmuren [The ring-wall]. 2nd ed. Stockholm: Gebers. Lange, Birgit.

He therefore wrote a book on the onus of proof and its relation to substantive law (Olivecrona 1930), and applied for the professorship. His qualifications were considered insufficient by the Lund Faculty of Law, however, though three of the four members of the expert panel had declared him competent (Professors Engströmer, Granfelt, and MunchPetersen), albeit in lukewarm terms.  142).  147–148). However, the chair in procedural law was again advertised about a year later.  142). He remained professor of procedural law at the Faculty of Law, Lund University, until he retired in 1964.

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