
Foundations and Building Blocks of Law
Jaap Hage(Author)
Eleven International Publishing
Published on 2. May 2018
Book
Hardback
286 pages
978-94-6236-860-6 (ISBN)
Description
"There is no gap between Is and Ought, but there is a gap between fact and norm."
"There is a difference between legal powers and legal competences, but there are no power-conferring rules."
"There is no obligation to comply with contracts."
"There are no regulative rules, and all rules are constitutive."
All these claims are controversial in the eyes of many legal theorists. This book argues that they are all true, or justified, if understood in the proper context. The argument starts from the relation between language and facts and continues with a distinction between three kinds of facts, and the role which rules play in the constitution of one of the three kinds. Building on this foundation, the book moves on to analyses of the building blocks of law: duties, obligations, permissions, juridical acts, powers, competences, norms and rights. Interwoven through these analyses, the reader finds discussions of the alleged gap between Is and Ought, and of the logic of normative notions ('deontic logic').
"There is a difference between legal powers and legal competences, but there are no power-conferring rules."
"There is no obligation to comply with contracts."
"There are no regulative rules, and all rules are constitutive."
All these claims are controversial in the eyes of many legal theorists. This book argues that they are all true, or justified, if understood in the proper context. The argument starts from the relation between language and facts and continues with a distinction between three kinds of facts, and the role which rules play in the constitution of one of the three kinds. Building on this foundation, the book moves on to analyses of the building blocks of law: duties, obligations, permissions, juridical acts, powers, competences, norms and rights. Interwoven through these analyses, the reader finds discussions of the alleged gap between Is and Ought, and of the logic of normative notions ('deontic logic').
More details
Series
Language
English
Place of publication
Utrecht
Netherlands
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 165 mm
ISBN-13
978-94-6236-860-6 (9789462368606)
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Schweitzer Classification
Person
After graduating in law and philosophy and writing a PhD-thesis on the relation between meta-ethics and law, Jaap Hage did research on legal logic and the philosophy of legal science, which culminated in two books: Reasoning with Rules and Studies in Legal Logic. He became chair-holder for Jurisprudence at the University of Maastricht and shifted the topic of his research to the basic concepts of law and, recently, to law and the cognitive sciences.
Content
I. RECURRENT ISSUES; Part A FOUNDATIONS; II. MEANING; III. RULES AS CONTSTRAINTS; IV. FACTS; Part B BUILDING BLOCKS; V. KINDS OF RULES; VI. ELEMENTARY DEONTIC BUILDING BLOCKS; VII. DERIVED DEONTIC BUILDING BLOCKS; VIII. THE NATURE OF NORMS; IX. THE NORMATIVITY OF LAW; X. JURIDICAL ACTS; XI. APPLICATIONS AND ELABORATIONS; XII. CONCLUSION