Karl Olivecrona was among the founders of the Scandinavian Legal Realist movement that developed a theory of law at odds with traditional imperativist and voluntaristic theories of law. Here his theory is presented on the backdrop of a comment to the first translation of his work into French. The aim of the paper is to flesh out a reading of Olivecrona theory of fundamental rights that better fits the facts and that does not lead to laments over lack of constitutionalization.
Karl Olivecrona ou le souci de l’impératif du droit
MINDUS, Patricia Maria
2012-01-01
Abstract
Karl Olivecrona was among the founders of the Scandinavian Legal Realist movement that developed a theory of law at odds with traditional imperativist and voluntaristic theories of law. Here his theory is presented on the backdrop of a comment to the first translation of his work into French. The aim of the paper is to flesh out a reading of Olivecrona theory of fundamental rights that better fits the facts and that does not lead to laments over lack of constitutionalization.
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