The legal order : studies in the foundations of juridical thinking / Åke Frändberg.
2018
K212 .A344 2018 (Mapit)
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Details
Author
Title
The legal order : studies in the foundations of juridical thinking / Åke Frändberg.
Imprint
Cham, Switzerland : Springer, [2018]
Description
xiv, 333 pages ; 25 cm.
Series
Law and philosophy library ; v. 123. 1572-4395
Formatted Contents Note
The legal order : morphological levels
The juridical rule thinking
The addressee problem
Normative modalities
The place of the normative in the ontological universe
The juridical topology : some basic concepts
Genetic-topological norm-relations
On analogical use of legal rules
On conflicts between legal rules
On relations between legal systems
Retroactivity, simulactivity and infraactivity
Some basic praxeological concepts : application of law and validity of law
Statutory interpretation against the background of a general typology of interpretation
Operative goals and background goals in legislative argumentation
Stability and change : a study in juridical ideology
Epilogue : intellectualism as a cardinal virtue of the lawyer.
The juridical rule thinking
The addressee problem
Normative modalities
The place of the normative in the ontological universe
The juridical topology : some basic concepts
Genetic-topological norm-relations
On analogical use of legal rules
On conflicts between legal rules
On relations between legal systems
Retroactivity, simulactivity and infraactivity
Some basic praxeological concepts : application of law and validity of law
Statutory interpretation against the background of a general typology of interpretation
Operative goals and background goals in legislative argumentation
Stability and change : a study in juridical ideology
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references.
Call Number
K212 .A344 2018
Language
English
ISBN
9783319788586 (ebook)
9783319788579
3319788574
9783319788579
3319788574
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