The legal order studies in the foundations of juridical thinking
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...
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| Format: | UnknownFormat |
| Sprache: | eng |
| Veröffentlicht: |
Cham
Springer
2018
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| Schriftenreihe: | Law and philosophy library
volume 123 |
| Schlagworte: | |
| Online Zugang: | Inhaltsverzeichnis |
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Tag hinzufügen | Zusammenfassung: | 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 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 |
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| Beschreibung: | Includes bibliographical references |
| Beschreibung: | xiv, 333 pages 25 cm |
| ISBN: | 3319788574 3-319-78857-4 9783319788579 978-3-319-78857-9 |