The Legal Order: Studies in the Foundations of Juridical Thinking

Home >
Law >
Administrative / Constitutional Law >
The Legal Order: Studies in the Foundations of Juridical Thinking

Description
Contents

Details

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.

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