Torben Spaak – författare

This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.

This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s 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, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.