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Concepts in Law

Part of the Law and Philosophy Library Book Series (volume 88)

Editors: Hage, Jaap C.; von der Pfordten, Dietmar

DOI: 10.1007/978-90-481-2982-9

ISBN: 978-90-481-2981-2

Publisher: Springer Netherlands - Springer Journals

Jan 1, 2009

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An Essay on Legal Concept Formation

Frändberg, Åke

Pages: 1 –16

[In view of the exceedingly important role the use of concepts of various kinds plays in law it is undoubtedly a trifle surprising that within analytical jurisprudence the question of the functions of legal concept formation in general has been subjected to so little analysis. From one point of...
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About Concepts in Law

von der Pfordten, Dietmar

Pages: 17 –33

[In its mainstream, modern legal theory is characterised by two fundamental reductionisms. First: Law isn’t understood any more with reference to necessary aims like justice (Plato, Aristotle, Radbruch), self-preservation (Hobbes), property (Locke), or freedom (Kant, Hegel), but only to...
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Understanding and Applying Legal Concepts: An Inquiry on Inferential Meaning

Sartor, Giovanni

Pages: 35 –54

[Legal concepts are typically encountered in the context of legal norms, and the issue of determining their content cannot be separated from the issue of identifying and interpreting (or constructing) the norms in which they occur, and of using such norms in legal inference. Consequently, it can...
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The Meaning of Legal Status Words

Hage, Jaap

Pages: 55 –66

[The law knows a number of words that stand for a particular status to which legal consequences are attached, but which has, apart from these legal consequences, no clear standing. These words include – for Dutch law – ‘right holder’, ‘owner’, ‘mayor’, and ‘criminal suspect’. They differ – again...
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Explicating the Concept of Legal Competence

Spaak, Torben

Pages: 67 –80

[In everyday language the term ‘competence’ can mean proficiency or authority. A person can be a competent decision maker in the sense that as a rule he makes good and right decisions, but he can also be competent in the sense that he has the authority to make certain kinds of decision. My...
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The Influence of Normative Reasons on the Formation of Legal Concepts

Kähler, Lorenz

Pages: 81 –97

[Legal concepts are an odd entity. While on the one side a key element of the law they are also embedded in ordinary language. So it is, at first glance, unclear whether they have a legal, a semantic or a dual nature. This background is particularly important for two questions which every legal...
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The Hand of Midas: When Concepts Turn Legal, or Deflating the Hart-Dworkin Debate

Poscher, Ralf

Pages: 99 –115

[What always puzzles lay people when they are confronted with legal documents is that unlike diagnoses of physicians or analysts reports on the stock market, legal texts almost invariably use no technical terms. But despite the familiarity of the language used, lay people still get the impression...
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After Conceptual Analysis: The Rise of Practice Theory

Patterson, Dennis

Pages: 117 –129

[General jurisprudence is the study of the most general features of law. The tradition of analytic jurisprudence – one that spans from Hobbes to Coleman – has exhibited a sustained focus on identifying the constitutive features of law. For some time, this question has been framed as the search...

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