Get Concepts in Law PDF

By Åke Frändberg (auth.), Prof. Jaap C. Hage, Prof. Dietmar von der Pfordten (eds.)

ISBN-10: 9048129818

ISBN-13: 9789048129812

During the final a long time, felony concept has centred virtually thoroughly on norms, principles and arguments because the constitutive components of legislations. recommendations have been in general missed. The contributions to this quantity try and treatment this overlook by way of elucidating the function options play in legislations from various views. a primary objective of this quantity is to begin a debate approximately strategies in law.

Å ke Frändberg provides an outline of the various diversified makes use of of thoughts in legislations and indicates among others that techniques within the legislations shouldn't be careworn with the function of innovations in descriptions of the law.

Dietmar von der Pfordten criticizes the limit to norms as components of the legislations in modern felony idea through wondering what techniques are and what their functionality is, either often and in criminal conceptual schemes.

Giovanni Sartor assumes the inferential research of that means proposed by means of Alf Ross in his flooring breaking paper Tû-tû and addresses the query how ownership of an idea, together with the foundations defining it, is feasible with out endorsing those rules.

Jaap Hage argues that 1. criminal prestige phrases similar to 'owner' have a which means simply because they denote issues or kinfolk in institutional truth, 2. the that means of those phrases is composed during this denotation relation, three. wisdom of this which means presupposes wisdom of the foundations governing those words.

Torben Spaak contributes to this quantity with an exemplary research of 1 of the main valuable ideas of the legislations, specifically that of a felony power.

Lorenz Kähler discusses the position of thoughts in identifying the scope of software of criminal ideas and increases from this angle the query to what volume felony idea formation may be arbitrary.

Ralf Poscher argues that once an idea is utilized in mentioning the legislation, the appropriate scope of program of this idea has develop into a criminal subject. which means using ‘moral’ strategies within the legislations doesn't immediately bring about an ethical import into the law.

Dennis Patterson holds that Hart’s inspiration of legislation could be understood as a so-called ‘practice concept’ and gives an summary of this type of theory.

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2) either a Boskop or Golden Delicious or Elstar or Braeburn etc. (3) including skin, flesh, stem and kernels. (4) a descriptive concept Not all of these alternatives are always possible. g. impossible to determine concepts which refer to objects which are not in time and/or space by temporal or spatial parts. But even if an object is in time and/or space, a definition by its parts would be senseless if it is an artefact which can only be understood by its purpose. So, for example, a chair has no necessary temporal or spatial parts, because its only necessary (and, thus, for a definition, decisive) quality is that it is a human artefact made for one person to sit on.

A second feature is this: Concepts of the first level of abstraction of the general conceptual scheme (like identity, difference, object or consistency) are only very seldom explicitly taken up and made part of the law by the legal conceptual system. They are used in interpreting the legal system and in adjudication, but normally they function as a sort of logical and ontological background for any legal system. Therefore, the most abstract concepts of the legal system do not reach the abstractness of the most abstract concepts of the general conceptual system.

In this case, the means tend to develop a monistic hegemony. We face the D. de 1 Robert Summers, Form and Function in a Legal System (Cambridge 2006); Neil MacCormick, Institutions of Law. An Essay in Legal Theory (Oxford 2007). C. Hage, D. V. 2009 17 18 D. von der Pfordten norms/rules/principles-model as the main expression of this monistic hegemony of the means in modern legal theory. 3 This attack on normativism will be launched via the more limited thesis that concepts play a major role in law, an even greater role than norms.

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Concepts in Law by Åke Frändberg (auth.), Prof. Jaap C. Hage, Prof. Dietmar von der Pfordten (eds.)


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