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

By Torben Spaak

ISBN-10: 3319061666

ISBN-13: 9783319061665

ISBN-10: 3319061674

ISBN-13: 9783319061672

This e-book bargains a serious appraisal of Karl Olivecrona’s criminal philosophy. in line with Olivecrona’s critique of the view that legislations has binding strength, the research of the concept that and serve as of a felony rule, and the concept legislations is an issue of prepared strength, the booklet argues that Olivecrona’s criminal philosophy is a different contribution to 20th century criminal philosophy. It exhibits how Olivecrona’s philosophy can be utilized within the overview of latest theories of legislation, similar to these recommend by way of Hart, Raz, Dworkin, and Alexy. additionally, the booklet argues that Olivecrona’s quite a few discussions of theories defended via key humans within the historical past of criminal and political philosophy are hugely fascinating contributions. They not just bring up our knowing of the felony and political philosophy of prior generations, but additionally complements our perception into legal-philosophical questions that stay with us today.

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Extra resources for A Critical Appraisal of Karl Olivecrona's Legal Philosophy

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Allt detta jämte hans mångsidiga intressen gör samvaron med honom inte bara intellektuellt stimulerande utan även rik och värmande. 6 The Post-War Period 31 To a present-day observer, Olivecrona’s position of high consideration in the academic world after the war may be somewhat surprising. One must, however, remember that Olivecrona was far from being alone in having supported Germany, though more prudent supporters chose to keep a low profile. As Sverker Oredsson (1996) makes clear, there was considerable support for—though even more opposition to—Nazi Germany among students and professors at Lund University during the war, especially the first years, and there is little reason to assume that the situation was much different at other Swedish universities.

1007/978-3-319-06167-2_2, © Springer International Publishing Switzerland 2014 19 20 2 Karl Olivecrona: A Biographical Sketch ishment, arguing that capital punishment is not only cruel and morally repugnant, but also does not actually reduce crime the way it is intended to. Karl would later tell his son, Thomas, how proud he was that Knut had opposed the death penalty on scientific, rather than emotional, grounds, meaning the consideration that the death penalty does not reduce crime the way it is intended to.

Martin Fries describes the importance of Hägerström’s and Lundstedt’s legal philosophies to Olivecrona in the following terms: Karl Olivecrona’s early-aroused interest in legal theory was stimulated by Vilhelm Lundstedt’s lectures during the 1918–1919 school year, when Lundstedt for the first time started to propound his revolutionary viewpoints regarding jurisprudence. Decisive for O’s [Olivecrona’s] future development, however, was his participation in Hägerström’s seminars in the spring of 1920, which took up Johan Thyrén’s work “Principles for a Reform of Penal Law” (1910–1914).

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


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