The Legal Order : Studies in the Foundations of Juridical Thinking / by Åke Frändberg.
2018
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Title
The Legal Order : Studies in the Foundations of Juridical Thinking / by Åke Frändberg.
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Edition
1st ed. 2018.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2018.
Description
XIV, 333 p. 28 illus. online resource.
Series
Law and philosophy library. 2215-0315 ; 123.
Formatted Contents Note
Chapter 1. Introduction
Chapter 2. The Legal Order. Morphological Levels
Chapter 3. The Juridical Rule Thinking
Chapter 4. The Addressee Problem
Chapter 5. Normative Modalities
Chapter 6. The Place of the Normative in the Ontological Universe
Chapter 7. The Juridical Topology. Some Basic Concepts
Chapter 8. Genetic-Topological Norm-Relations
Chapter 9. On Analogical Use of Legal Rules
Chapter 10. On Conflicts between Legal Rules
Chapter 11. On Relations between Legal Systems
Chapter 12. Retroactivity, Simulactivity and Infraactivity
Chapter 13. Some Basic Praxeological Concepts. The Application of Law and the Validity of Law
Chapter 14. Statutory Interpretation Against the Background of a General Typology of Interpretation
Chapter 15. Operative Goals and Background Goals in Legislative Argumentation
Chapter 16. Stability and Change. A Study in Juridical Ideology
Chapter 17. Epilogue: Intellectualism as a Cardinal Virtue of the Lawyer.
Chapter 2. The Legal Order. Morphological Levels
Chapter 3. The Juridical Rule Thinking
Chapter 4. The Addressee Problem
Chapter 5. Normative Modalities
Chapter 6. The Place of the Normative in the Ontological Universe
Chapter 7. The Juridical Topology. Some Basic Concepts
Chapter 8. Genetic-Topological Norm-Relations
Chapter 9. On Analogical Use of Legal Rules
Chapter 10. On Conflicts between Legal Rules
Chapter 11. On Relations between Legal Systems
Chapter 12. Retroactivity, Simulactivity and Infraactivity
Chapter 13. Some Basic Praxeological Concepts. The Application of Law and the Validity of Law
Chapter 14. Statutory Interpretation Against the Background of a General Typology of Interpretation
Chapter 15. Operative Goals and Background Goals in Legislative Argumentation
Chapter 16. Stability and Change. A Study in Juridical Ideology
Chapter 17. Epilogue: Intellectualism as a Cardinal Virtue of the Lawyer.
Summary
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 lawyer ́s philosophy of law.
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Language
English
ISBN
9783319788586
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