Legal Power And Legal Competence
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Legal Power And Legal Competence
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Author : Gonzalo Villa-Rosas
language : en
Publisher: Springer Nature
Release Date : 2023-07-11
Legal Power And Legal Competence written by Gonzalo Villa-Rosas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-11 with Law categories.
This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
The Concept Of Legal Competence
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Author : Torben Spaak
language : en
Publisher: Dartmouth Publishing Group
Release Date : 1994
The Concept Of Legal Competence written by Torben Spaak and has been published by Dartmouth Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Explains the concept of legal competence (or power). This book then discusses the analysis and definition of legal concepts in general; the relation between the concept of competence and (in)validity; what it means to exercise competence; different types of competence; and competence norms.
The Passivity Of Law
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Author : Luigi Corrias
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-04-14
The Passivity Of Law written by Luigi Corrias and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-14 with Philosophy categories.
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
Concepts In Law
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Author : Jaap C. Hage
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-08-24
Concepts In Law written by Jaap C. Hage and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-24 with Philosophy categories.
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.
Institutional Legal Facts
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Author : D.W. Ruiter
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Institutional Legal Facts written by D.W. Ruiter and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Philosophy categories.
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.
Legal Competence In Environmental Health
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Author : Terence Moran
language : en
Publisher: Routledge
Release Date : 1997-11-27
Legal Competence In Environmental Health written by Terence Moran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-11-27 with Architecture categories.
More than ever before the work of the environmental health professional is subject to scrutiny, particularly in the area of the law. Environmental Health Officers must have a fundamental understanding of the law and how it is implemented. Legal Competence in Environmental Health assists the environmental health professional in understanding the operation of English law and navigating through some of its complexities. It covers those aspects of the work for the environmental health professional which are regulated by legal principles but not found in a single statute. This book is not an exposition of all Environmental Health law, it is designed to indicate how that law may be applied, emphasising those skills and attributes which are essential if the theory of law is to be put into professional practice.
Non Statutory Executive Powers And Judicial Review
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Author : Jason Grant Allen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
Non Statutory Executive Powers And Judicial Review written by Jason Grant Allen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
Law Justice And The State Nordic Perspectives
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : de
Publisher: Franz Steiner Verlag
Release Date : 1995
Law Justice And The State Nordic Perspectives written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Human rights categories.
"Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993."--T.p.
The Juridical Act
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Author : H. D. S. van der Kaaij
language : en
Publisher: Springer
Release Date : 2019-06-13
The Juridical Act written by H. D. S. van der Kaaij and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.
Right Power And Faquanism
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Author : Zhiwei Tong
language : en
Publisher: BRILL
Release Date : 2018-08-13
Right Power And Faquanism written by Zhiwei Tong and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-13 with Law categories.
In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity named faquan, and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation.