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Concepts in LawExplicating the Concept of Legal Competence

Concepts in Law: Explicating the Concept of Legal Competence [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 concern here is with competence in the sense of authority.1 The concept of legal competence, thus conceived, is a normative concept, in the sense that a person has competence by virtue of a norm, and that the exercise of competence changes a person’s normative position.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Concepts in LawExplicating the Concept of Legal Competence

Part of the Law and Philosophy Library Book Series (volume 88)
Editors: Hage, Jaap C.; von der Pfordten, Dietmar
Spaak, Torben
Concepts in Law — Jan 1, 2009
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Publisher
Springer Netherlands
Copyright
© Springer Netherlands 2009
ISBN
978-90-481-2981-2
Pages
67 –80
DOI
10.1007/978-90-481-2982-9_5
Publisher site
See Chapter on Publisher Site

Abstract

[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 concern here is with competence in the sense of authority.1 The concept of legal competence, thus conceived, is a normative concept, in the sense that a person has competence by virtue of a norm, and that the exercise of competence changes a person’s normative position.]

Published: Jan 1, 2009

Keywords: Natural Kind; Legal Effect; Legal Norm; Legal Scholar; Legal Position

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