Institutional Legal Facts: Legal Powers and their Effects

ISBN-13: 9789048143122 / Angielski / Miękka / 2010 / 240 str.

D.W. Ruiter

Opis

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.

Spis treści

Preface. 1: The Concept of Legal Systems. I. Legal Validity. II. Basic Norm versus Rule of Recognition. III. The Formal Structure of Legal Systems. IV. Widening the Concept of Legal Systems. 2: Speech Acts. I. Major Concepts of Speech Act Theory. II. Declarative Speech Acts. III. Commitments as Presentations. IV. Presentations of Attempts and Purposes. V. Classification of Declarative Speech Acts. 3: Acts-in-the-Law. I. Testing the Classification of Declarative Speech Acts. II. Norms of Competence. 4: Negative Acts-in-the-Law. I. Illocutionary Denegation. II. Revocation and Invalidation. 5: Logical Relations between Legal Norms. I. Legal Norms. II. Acts-in-the-Law. 6: General Norms and Rules. I. General Norms and Rules of Conduct. II. General Norms and Rules. III. Abstract Acts-in-the-Law. 7: Legal Institutions. I. From Institutional Legal Fact to Legal Institution. II. Institutions and Legal Systems. Appendix A. Appendix B. Bibliography. Index of Names. Index of Subjects.