Karl Olivecrona

Last updated

Karl Olivecrona (25 October 1897, in Norrbärke – 1980) was a Swedish lawyer and legal philosopher. He studied law at Uppsala from 1915 to 1920 and was a pupil of Axel Hägerström, the spiritual father of Scandinavian legal realism. One of the internationally best-known Swedish legal theorists, Olivecrona was a professor of procedural law and legal philosophy at Lund University. His writings emphasise the psychological significance of legal ideas. His most striking work on legal theory, the first edition of his book Law as Fact (of 1939, almost entirely different in content from the similarly titled 1971 work), stressed the importance of a monopoly of force as the fundamental basis of law. Olivecrona's politics during World War II showed a related stress on a need for overwhelming coercive power to guarantee order in international relations. He became convinced that Europe required an unchallengeable controlling force to ensure its peace and unity, and that Germany alone could provide this. His pamphlet England eller Tyskland (England or Germany), published in the darkest days of the war, argued that England had lost its claim to exert leadership in Europe and that the future required an acceptance of German hegemony.

Contents

Indirectly, Scandinavian legal realism, with its emphasis on "law as fact", helped to create a climate conducive to the sociological study of law. One of Olivecrona's doctoral students, Per Stjernquist, who as a left-leaning liberal entirely rejected his supervisor's politics, became a pioneer of sociology of law and was largely responsible for establishing it as a university subject in Sweden in the early 1960s.

Works

Further reference

Torben Spaak, A Critical Appraisal of Karl Olivecrona's Legal Philosophy (Springer, 2014).

Roger Cotterrell, "Northern Lights: From Swedish Realism to Sociology of Law", 40 Journal of Law and Society 657-69 (2013).

See also


Related Research Articles

John Locke English philosopher and physician

John Locke was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "Father of Liberalism." Considered one of the first of the British empiricists, following the tradition of Sir Francis Bacon, Locke is equally important to social contract theory. His work greatly affected the development of epistemology and political philosophy. His writings influenced Voltaire and Jean-Jacques Rousseau, many Scottish Enlightenment thinkers, as well as the American revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence.

Jurisprudence Theoretical study of law

Jurisprudence or legal theory is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.

Philosophy of law Branch of philosophy examining the nature of law

Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.

Legal positivism is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that:

Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world.

Natural rights and legal rights are two basic types of rights.

Ram Roy Bhaskar (1944–2014) was an English philosopher best known as the initiator of the philosophical movement of critical realism (CR). He was a World Scholar at the Institute of Education, University College London.

In metaphysics, realism about a given object is the view that this object exists in reality independently of our conceptual scheme. In philosophical terms, these objects are ontologically independent of someone's conceptual scheme, perceptions, linguistic practices, beliefs, etc.

Marxism Economic and sociopolitical worldview based on the works of Karl Marx

Marxism is a method of socioeconomic analysis that uses a materialist interpretation of historical development, better known as historical materialism, to understand class relations and social conflict as well as a dialectical perspective to view social transformation. It originates from the works of 19th-century German philosophers Karl Marx and Friedrich Engels. As Marxism has developed over time into various branches and schools of thought, there is currently no single definitive Marxist theory.

Positivism Philosophy of science based on the view that information derived from scientific observation is the exclusive source of all authoritative knowledge

Positivism is a philosophical theory stating that certain ("positive") knowledge is based on natural phenomena and their properties and relations. Thus, information derived from sensory experience, interpreted through reason and logic, forms the exclusive source of all certain knowledge. Positivism holds that valid knowledge is found only in this a posteriori knowledge.

Axel Hägerström Swedish philosopher and jurist

Axel Anders Theodor Hägerström was a Swedish philosopher.

Richard Aaron Welsh philosopher

Richard Ithamar Aaron, was a Welsh philosopher who became an authority on the work of John Locke.

Anders Vilhelm Lundstedt Swedish philosopher

Anders Vilhelm Lundstedt was a Swedish jurist and legislator, particularly known as a proponent of Scandinavian Legal Realism, having been strongly influenced by his compatriot, the charismatic philosopher Axel Hägerström. He studied Law at Lund University and was a professor of law at the University of Uppsala from 1914 to 1947. Like Hägerström, Karl Olivecrona and Alf Ross, he resists the exposition of rights as metaphysical entities, arguing that realistic legal analysis should dispense with them. Lundstedt's main focus in his theoretical work became a sustained attack on what he called the method of justice. He considered that there was no objective way to define the requirements of justice and that invocations of justice cloaked purely subjective preferences or unacceptable metaphysical claims. Instead, law and legislation should be guided by a method of social welfare centred on objective study of social conditions and of the practical effects and capabilities of law in improving society for all its members. Lundstedt was a member of the Swedish parliament for many years and promoted within it changes to the penal system and a range of other liberal reforms.

Per Stjernquist (1912–2005) was a Swedish law professor who was almost single-handedly responsible for establishing the teaching of the new field of sociology of law in Sweden from the 1960s.

Nordische Gesellschaft Nazi organization

The Nordische Gesellschaft was an association founded in 1921, with the objective of strengthening German-Nordic cultural and political cooperation. It was based in Lübeck, Germany. The association had both German and Scandinavian members. After the National Socialist takeover of Germany in 1933, the Nordische Gesellschaft came under the control of Alfred Rosenberg. A new board was formed. Rosenberg's ambition was that the organization could be utilized for the National Socialist cause. Heinrich Himmler became a member of the board.

This is an index of articles in jurisprudence.

Reza Banakar is an Iranian-born Professor of Legal Sociology at Lund University, Sweden. Before joining Lund in 2013, he was Professor of Socio-Legal Studies at the Department of Advanced Legal Studies at the University of Westminster, London.
He was born in Shiraz (Iran) and moved to England in the 1970s, where he went to school and studied mathematics.

Gunnar Aspelin Swedish Professor of Philosophy/Lund University/Sweden

Gunnar Aspelin, was a Swedish professor of philosophy at Lund University in Lund, Sweden.

Marxist philosophy Philosophy influenced by Marxist political thought

Marxist philosophy or Marxist theory are works in philosophy that are strongly influenced by Karl Marx's materialist approach to theory, or works written by Marxists. Marxist philosophy may be broadly divided into Western Marxism, which drew out of various sources, and the official philosophy in the Soviet Union, which enforced a rigid reading of Marx called dialectical materialism, in particular during the 1930s. Marxist philosophy is not a strictly defined sub-field of philosophy, because the diverse influence of Marxist theory has extended into fields as varied as aesthetics, ethics, ontology, epistemology, theoretical psychology and philosophy of science, as well as its obvious influence on political philosophy and the philosophy of history. The key characteristics of Marxism in philosophy are its materialism and its commitment to political practice as the end goal of all thought. The theory is also about the hustles of the proletariat and their reprimand of the bourgeoisie.