Institutional Legal Facts

Legal Powers and their Effects

By: D.W. Ruiter

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Hardcover | 31 August 1993

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256 Pages

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23.5 x 16.51 x 2.54

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Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. This conception, however, is unable to account for a variety of elements of modern legal systems that differ significantly from the classical notions. This book concerns the problem of which results of human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. He sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.

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Society & Social Sciences Non-Fiction Philosophy Philosophy & Logic Law Jurisprudence & General Issues Jurisprudence & Philosophy of Law Laws of Specific Jurisdictions Constitutional & Administrative Law

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Published: 28th October 2010

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Acknowledgments
Preface	p. 1
The Concept of Legal Systems	p. 5
Legal Validity	p. 5
Basic Norm versus Rule of Recognition	p. 14
The Formal Structure of Legal Systems	p. 20
Widening the Concept of Legal Systems	p. 29
Speech Acts	p. 37
Major Concepts of Speech Act Theory	p. 37
Declarative Speech Acts	p. 52
Commitments as Presentations	p. 67
Presentations of Attempts and Purposes	p. 74
Classification of Declarative Speech Acts	p. 78
Acts-In-The-Law	p. 81
Testing the Classification of Declarative Speech Acts	p. 81
Norms of Competence	p. 91
Negative Acts-In-The-Law	p. 103
Illocutionary Denegation	p. 103
Revocation and Invalidation	p. 115
Logical Relations Between Legal Norms	p. 131
Legal Norms	p. 131
Acts-in-the-law	p. 149
General Norms and Rules	p. 161
General Norms and Rules of Conduct	p. 161
General Norms and Rules	p. 182
Abstract Acts-in-the-law	p. 194
Legal Institutions	p. 205
From Institutional Legal Fact to Legal Institution	p. 205
Institutions and Legal Systems	p. 217
Appendix A	p. 227
Appendix B	p. 229
Bibliography	p. 231
Index of Names	p. 235
Index of Subjects	p. 237
Table of Contents provided by Blackwell. All Rights Reserved.

Institutional Legal Facts

Legal Powers and their Effects

At a Glance

Hardcover

Shipping

How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Paperback

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