Concepts in Law

Released on by Jaap C. Hage
preview-18

  • Concepts in Law Book Detail

  • Author : Jaap C. Hage
  • Release Date : 2009-08-24
  • Publisher : Springer Science & Business Media
  • Genre : Philosophy
  • Pages : 140
  • ISBN 13 : 9048129826
  • File Size : 20,20 MB
DOWNLOAD BOOK

Concepts in Law by Jaap C. Hage PDF Summary

Book Description: During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.

Disclaimer: www.yourbookbest.com does not own Concepts in Law books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Concepts in Law

Concepts in Law

File Size : 32,32 MB
Total View : 245 Views
DOWNLOAD

During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly negl

The Concept of Law

The Concept of Law

File Size : 92,92 MB
Total View : 9884 Views
DOWNLOAD

Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the

The Basic Concepts of Legal Thought

The Basic Concepts of Legal Thought

File Size : 30,30 MB
Total View : 6206 Views
DOWNLOAD

This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate cou

Concepts of Law

Concepts of Law

File Size : 9,9 MB
Total View : 9894 Views
DOWNLOAD

Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important