Karl Olivecrona's Legal Philosophy: A Critical Appraisal

38 Pages Posted: 20 May 2011

Multiple version iconThere are 2 versions of this paper

Date Written: June 2011


I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy.

Suggested Citation

Spaak, Torben, Karl Olivecrona's Legal Philosophy: A Critical Appraisal (June 2011). Ratio Juris, Vol. 24, Issue 2, pp. 156-193, 2011, Available at SSRN: https://ssrn.com/abstract=1840206 or http://dx.doi.org/10.1111/j.1467-9337.2011.00481.x

Torben Spaak (Contact Author)

Stockholm University ( email )

S-106 91 Stockholm
46 8 16 45 89 (Phone)
46 8 612 41 09 (Fax)

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