عنوان

The legal order :

3319788582

9783319788586

3319788574

9783319788579

The legal order :

[Book]

studies in the foundations of juridical thinking /

Åke Frändberg.

Cham, Switzerland :

Springer,

[2018]

©2018

1 online resource

Law and philosophy library ;

volume 123

Includes bibliographical references.

Intro; Acknowledgements; Contents; Chapter 1: Introduction; 1.1 Law and Jurisprudence: Ars Juridica; 1.1.1 The Lawyer as Law-Applier; 1.1.2 The Lawyer as Legal Strategist; 1.1.3 The Lawyer as Draftsman; 1.1.4 The Lawyer as Investigator; 1.1.5 The Lawyer as Jurist (Legal Scholar); 1.2 L-Concepts and J-Concepts: J-Concepts Systemised; 1.2.1 Technical-Juridical Concepts; 1.2.1.1 Morphological J-Concepts; 1.2.1.2 Topological J-Concepts; 1.2.1.3 Praxeological J-Concepts; 1.2.1.4 Methodological J-Concepts; 1.2.2 Ideological-Juridical Concepts; 1.2.3 JL-Terms; 1.3 Juridical Modes of Thinking

1.4 Legal Doctrines and Juridical Systematisation1.5 Philosophical Jurisprudence; 1.6 The Law and the Juridical Handling of the Law: ``Legal Order ́́as the Fundamental Juridical Concept; References; Chapter 2: The Legal Order: Morphological Levels; 2.1 The Legal Alternative; 2.2 Elements of the Legal Order (LO-Elements): Morphological Levels; 2.3 A First Step Towards a General Morphological Conception of the Legal Order: The ``Nucleus ́́of Legal Orders; 2.4 Some Remarks on Legal Sources and Legal Rules; 2.5 The Morphology of Legal Orders: Juridical Accidence and Juridical Syntax

2.11.2 Genetic (System-Transcending) N-Relations2.11.3 Choice-of-Law Relations; 2.12 Morphological Level V: The Level of Legal Orders; 2.13 Legal Phenomena Outside the Legal Order; 2.14 Concluding Remark; References; Chapter 3: The Juridical Rule Thinking; 3.1 Introduction; 3.2 The Function of Legal Rules in Juridical Thinking; 3.3 The Ontology of Legal Rules (LO-Elements); 3.4 The Generality of Legal Rules; 3.5 The Strength of Legal Rules; References; Chapter 4: The Addressee Problem; 4.1 Introduction; 4.2 The Problem; 4.3 The Legal System in a Spelled-Out Version

2.6 Pre-legal Basic Normative Units (Normative Nuclei)2.7 Morphological Level I: The Level of Basic Legal Positions (Micropositions); 2.8 Morphological Level II: The Level of Compound Legal Positions (Macropositions); 2.9 Morphological Level III: The Level of Legal Rules; 2.9.1 Introduction; 2.9.2 Standard Forms for Ordinary Regulatory Rules; 2.9.3 A Taxonomy of Legal Rules; 2.10 ``Soft Law;́́ 2.11 Morphological Level IV: The Level of Legal Systems; 2.11.1 System-Inherent N-Relations; 2.11.1.1 Syntactical N-Relations; 2.11.1.2 Application Guiding N-Relations

4.4 Transformation of Legal Rules4.5 Reversed Transformation; 4.6 Whom Shall the Legislator Address?; 4.7 Conclusion; References; Chapter 5: Normative Modalities; 5.1 Introduction; 5.2 On Modalities Generally; 5.2.1 Modalities in a Very Wide Sense; 5.2.2 Modalities as Semantic Phenomena. Their Structuring Function: To Presuppose All and Block Certain Alternatives; 5.2.3 Presupposing Alternatives. Formulation of Initial Positions; 5.2.4 Blocking Alternatives; 5.3 On Normative Modalities Exclusively; 5.3.1 Presupposing Alternatives

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In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyerþs philosophy of law.

Springer Nature

com.springer.onix.9783319788586

LEGAL ORDER.

3319788574

Law (Philosophical concept)

Law-- Philosophy.

Law (Philosophical concept)

LAW-- Essays.

LAW-- General Practice.

LAW-- Jurisprudence.

LAW-- Paralegals & Paralegalism.

Law-- Philosophy.

LAW-- Practical Guides.

LAW-- Reference.

LAB

LAW-- 044000

LAW-- 052000

LAW-- 071000

LAW-- 079000

LAW-- 098000

LAW-- 101000

Frändberg, Åke,1937-

20200823113842.0

pn

[Book]

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