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Institutional Legal Facts : Legal Powers and their Effects - Dick W.P. Ruiter

Institutional Legal Facts

Legal Powers and their Effects

Hardcover Published: 31st August 1993
ISBN: 9780792324416
Number Of Pages: 240

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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. The work 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.

Prefacep. 1
The Concept of Legal Systemsp. 5
Legal Validityp. 5
Basic Norm versus Rule of Recognitionp. 14
The Formal Structure of Legal Systemsp. 20
Widening the Concept of Legal Systemsp. 29
Speech Actsp. 37
Major Concepts of Speech Act Theoryp. 37
Declarative Speech Actsp. 52
Commitments as Presentationsp. 67
Presentations of Attempts and Purposesp. 74
Classification of Declarative Speech Actsp. 78
Acts-In-The-Lawp. 81
Testing the Classification of Declarative Speech Actsp. 81
Norms of Competencep. 91
Negative Acts-In-The-Lawp. 103
Illocutionary Denegationp. 103
Revocation and Invalidationp. 115
Logical Relations Between Legal Normsp. 131
Legal Normsp. 131
Acts-in-the-lawp. 149
General Norms and Rulesp. 161
General Norms and Rules of Conductp. 161
General Norms and Rulesp. 182
Abstract Acts-in-the-lawp. 194
Legal Institutionsp. 205
From Institutional Legal Fact to Legal Institutionp. 205
Institutions and Legal Systemsp. 217
Appendix Ap. 227
Appendix Bp. 229
Bibliographyp. 231
Index of Namesp. 235
Index of Subjectsp. 237
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792324416
ISBN-10: 0792324412
Series: Law and Philosophy Library
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 240
Published: 31st August 1993
Publisher: Springer
Country of Publication: NL
Dimensions (cm): 23.5 x 16.51  x 2.54
Weight (kg): 0.54