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A Critical Appraisal of Karl Olivecrona's Legal PhilosophyLaw, Force, and Social Morality

A Critical Appraisal of Karl Olivecrona's Legal Philosophy: Law, Force, and Social Morality [Olivecrona maintains that law is essentially a matter of organized force. He maintains, more specifically, (i) that (organized) force is necessary to the existence of law; (ii) that law consists chiefly of rules about the use of force; (iii) that the force of law exerts its influence on social life chiefly indirectly; (iv) that the force of law causes the citizens to internalize the moral values and standards that make up the content of the legal rules; and (v) that abolishing the force of law would, as time passes, likely result in important—and dangerous—changes in the moral values and standards we accept. He also maintains (vi) that organized force can serve the citizens only if there is an organization, namely the state, that has the monopoly on power in the relevant territory, (vii) that the Marxist theory of the state, according to which law and state will ultimately wither away, is mistaken; and (viii) that a belief in international law and the rights and duties involved is apt to lead to increased use of violence. In his later writings, Olivecrona reiterates claims (i), (ii), and (vi), but does not have much to say about claims (iii)–(v), (vii), and (viii). He does, however, maintain (ix) that the coercive power of the state presupposes that the state also has psychological power, and vice versa, and (x) that only judicial independence and sound judicial ethics can guarantee legal certainty.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Critical Appraisal of Karl Olivecrona's Legal PhilosophyLaw, Force, and Social Morality

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing Switzerland 2014
ISBN
978-3-319-06166-5
Pages
157 –180
DOI
10.1007/978-3-319-06167-2_10
Publisher site
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Abstract

[Olivecrona maintains that law is essentially a matter of organized force. He maintains, more specifically, (i) that (organized) force is necessary to the existence of law; (ii) that law consists chiefly of rules about the use of force; (iii) that the force of law exerts its influence on social life chiefly indirectly; (iv) that the force of law causes the citizens to internalize the moral values and standards that make up the content of the legal rules; and (v) that abolishing the force of law would, as time passes, likely result in important—and dangerous—changes in the moral values and standards we accept. He also maintains (vi) that organized force can serve the citizens only if there is an organization, namely the state, that has the monopoly on power in the relevant territory, (vii) that the Marxist theory of the state, according to which law and state will ultimately wither away, is mistaken; and (viii) that a belief in international law and the rights and duties involved is apt to lead to increased use of violence. In his later writings, Olivecrona reiterates claims (i), (ii), and (vi), but does not have much to say about claims (iii)–(v), (vii), and (viii). He does, however, maintain (ix) that the coercive power of the state presupposes that the state also has psychological power, and vice versa, and (x) that only judicial independence and sound judicial ethics can guarantee legal certainty.]

Published: Jun 18, 2014

Keywords: Legal System; Legal Rule; Legal Certainty; Coercive Power; Marxist Theory

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