Concepts in Law

Concepts in Law

During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.


Author
Publisher Springer
Release Date
ISBN 9789400736740
Pages 129 pages
Rating 4/5 (46 users)

More Books:

Concepts in Law
Language: en
Pages: 129
Authors: Jaap C. Hage
Categories: Philosophy
Type: BOOK - Published: 2012-03-14 - Publisher: Springer

During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly negl
Studies in Law, Politics, and Society
Language: en
Pages: 201
Authors: Austin Sarat
Categories: Social Science
Type: BOOK - Published: 2013 - Publisher: Emerald Group Publishing

This volume of Studies in Law, Politics and Society brings together an international spread of legal scholars, presenting a varied collection of chapters. Chapt
New Insights into the Semantics of Legal Concepts and the Legal Dictionary
Language: en
Pages: 236
Authors: Martina Bajčić
Categories: Language Arts & Disciplines
Type: BOOK - Published: 2017-04-12 - Publisher: John Benjamins Publishing Company

This book focuses on legal concepts from the dual perspective of law and terminology. While legal concepts frame legal knowledge and take center stage in law, t
Intellectual Property Rights
Language: en
Pages: 312
Authors: D. Vaver
Categories: Copyright
Type: BOOK - Published: 2006 - Publisher: Taylor & Francis

The Faces of Virtue in Law
Language: en
Pages: 136
Authors: Amalia Amaya
Categories: Law
Type: BOOK - Published: 2020-06-30 - Publisher: Routledge

This book gathers together leading voices in virtue theory—an increasingly influential aspect of legal theory in the 21st century—to take stock of virtue ju
Virtue, Emotion and Imagination in Law and Legal Reasoning
Language: en
Pages: 304
Authors: Amalia Amaya
Categories: Law
Type: BOOK - Published: 2020-02-06 - Publisher: Bloomsbury Publishing

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offe
A New Introduction to Comparative Law
Language: en
Pages: 272
Authors: Jaakko Husa
Categories: Law
Type: BOOK - Published: 2015-05-28 - Publisher: Bloomsbury Publishing

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as
Formal Linguistics and Law
Language: en
Pages: 447
Authors: Günther Grewendorf
Categories: Language Arts & Disciplines
Type: BOOK - Published: 2009-12-15 - Publisher: Walter de Gruyter

This volume explores new interfaces between linguistics and jurisprudence. Its theoretical and methodological importance lies in showing that many questions ask
Law and Development
Language: en
Pages: 4
Authors: Julio Faúndez
Categories: Jurisprudence
Type: BOOK - Published: 2012 - Publisher:

Law, Immunization and the Right to Die
Language: en
Pages: 173
Authors: Jennifer Hardes
Categories: Law
Type: BOOK - Published: 2016-03-10 - Publisher: Routledge

Law, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the Uni