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Foundations and Building Blocks of Law


ISBN13: 9789462368606
Published: May 2018
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £68.90



Despatched in 10 to 12 days.

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’).

Subjects:
Jurisprudence
Contents:
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

Series: Maastricht Law

Sustainable Property Law: Reckoning, Resilience, and Reform ISBN 9789462362895
Published April 2022
Eleven International Publishing
£15.00
The European Arrest Warrant and 'In Absentia' Judgments ISBN 9789462369856
Published January 2020
Eleven International Publishing
£66.50
Law, Science, Rationality ISBN 9789462369894
Published December 2019
Eleven International Publishing
£62.00
Five Uneasy Pieces: Essays on Law and Evolution ISBN 9789462369825
Published December 2019
Eleven International Publishing
£36.50
Sustainability and Private Law ISBN 9789462369863
Published December 2019
Eleven International Publishing
£55.50
Does the Law of Succession Reflect Cultural Differences? ISBN 9789462368569
Published April 2018
Eleven International Publishing
£21.00
The Position of Dutch Works Councils in Multinational Corporations ISBN 9789462368484
Published April 2018
Eleven International Publishing
£68.90