Rights, Performatives, and Promises in Karl Olivecrona's Legal Theory

Abstract.  Karl Olivecrona (1971 ) maintains that "right" is a "hollow word," and so also for some other legal terms. "Right," he says, "has no conceptual background." He arrives at this position after an examination of metaphysical and naturalistic accounts, including American legal realism. Some of Olivecrona's arguments will be evaluated here. His position is influenced by Hägerström's theory of legal language, but he argues that Hägerström fails to account for how such terms as "right,""duty," etc. function in legal discourse and why they are useful. A parallel approach is also found in Olivecrona's book The Problem of the Monetary Unit (1957 ). Olivecrona is left with the problem of how such "hollow" terms function. His explanation is largely psychological. Going beyond J. L. Austin's notion of performatory language, he introduces the idea of performatory imperatives. I propose to submit Olivecrona's approach to a critical examination. It is suggested that had he started from everyday, nonlegal promises and commitments he might well have ended up with a different theory of legal language.     

Spontaneous Adaptation in Public Management: An Overview

This collection addresses the issue of why it so often proves difficult to foster innovation in public management. Specifically, it focuses its attention on why reform efforts encounter so frequently intractable obstacles stemming from the erosion of the mutual regard among political executives and career officials for the integrity of each others' respective competences in the devising of policies and the crafting and implementation of decisions based upon these.     

Liberal Democrat Councillors: Community Politics, Local Campaigning and the Role of the Political Party

Liberal Democrats have long displayed the success of community politics since its adoption at the Liberal Party Assembly in 1970. Community politics, however, brings with it not only electoral success but an expectation amongst voters that Liberal Democrat councillors will act in certain ways as local representatives. The article presents the results of national research conducted amongst councillors of the three main parties, and compares the attitudes of Liberal Democrat councillors to aspects of local democracy with those of their Labour and Conservative counterparts. It identifies two types of Liberal Democrat councillor and uses these to explain the attitudinal differences and similarities found with Labour and Conservative councillors.     

Individuals,Parties and the Parliamentary Record in the 1690s

SUMMARY

In this article Colin Brooks reviews the historical writing of the last thirty years on British history between 1688 and 1714. This has offered a variety of interpretations which give priority to a number of different factors. The problem now facing historians is how to synthesize these interpretations into a coherent account. The article suggests that while it is possible to reconstruct from the surviving source materials what happened in the House of Commons, the incompleteness and the ambiguities of the evidence make it much more difficult to determine why it happened, or what were the motives of the individuals taking part. The nature of the source materials requires that they be interpreted with more caution than they have often received: they have as much to tell about individual perceptions as about what actually happened.