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A Critical Appraisal of Karl Olivecrona's Legal PhilosophyThe Concept of a Right

A Critical Appraisal of Karl Olivecrona's Legal Philosophy: The Concept of a Right [Olivecrona follows Hägerström in maintaining (i) that the noun ‘right’ does not refer to anything real, but to some sort of imaginary power, and that there are no rights in the natural world. He maintains, however, (ii) that the concept of a right nevertheless fulfills important functions in legal thinking, namely a directive, an informative, and a technical function, respectively, as well as the function of exciting or dampening our feelings. He also maintains (iii) that the non-existence of rights means that the so-called declaration theory of court judgments is mistaken, and (iv) that there is a close connection between a belief in rights (and other non-natural entities) and a belief in magic.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Critical Appraisal of Karl Olivecrona's Legal PhilosophyThe Concept of a Right

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing Switzerland 2014
ISBN
978-3-319-06166-5
Pages
141 –155
DOI
10.1007/978-3-319-06167-2_9
Publisher site
See Chapter on Publisher Site

Abstract

[Olivecrona follows Hägerström in maintaining (i) that the noun ‘right’ does not refer to anything real, but to some sort of imaginary power, and that there are no rights in the natural world. He maintains, however, (ii) that the concept of a right nevertheless fulfills important functions in legal thinking, namely a directive, an informative, and a technical function, respectively, as well as the function of exciting or dampening our feelings. He also maintains (iii) that the non-existence of rights means that the so-called declaration theory of court judgments is mistaken, and (iv) that there is a close connection between a belief in rights (and other non-natural entities) and a belief in magic.]

Published: Jun 18, 2014

Keywords: Technical Function; Choice Theory; Legal Action; Legal Rule; Error Theory

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