Legal Power and Legal Competence: Meaning, Normativity, Officials and Theories

Administrative / Constitutional Law

Legal Power and Legal Competence: Meaning, Normativity, Officials and Theories

Edited by Gonzalo Villa Rosas · Torben Spaak
Springer International June 2023

Specifications

ISBN-13
9783031285547
Publisher
Springer International
Publication
June 2023
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.

Table of Contents

1. Introduction

I. The Meaning of 'Legal Power' and 'Legal Competence
2. Capabilities, Powers and Competences
3. Expanding Agency and Borders of Competence
4. Structures of Legal Competences

II. The Normativity of Legal Power and Legal Competence
5. Testing the Utility of a Concept of Power-Conferring Norm: A Proposal
6. On the function of competence norms in a legal system

III. Legal Power and Constitutive Rules
7. Recognition
8. Institutions and Constitutive Rules
9. -Constituting Power

IV. Legal Officials and Legal Offices
10. Legal Offices and Legal Powers
11. A Hartian Account of Legal Officials
12. Authority and Reason in Issues of Legal Truth

V. Theories of Legal Power and Legal Competence
13. An analysis of Jeremy Bentham's quasi-realistic model of legal competence
14. Merkl's Stufenbaulehre in the History of the Theory of Legal Power
15. Empowerment and the Act of Will in Hans Kelsen's General Theory of Norms
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