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/lp/springer-journals/the-legal-order-introduction-tZEiXRY71s
- Publisher
- Springer International Publishing
- Copyright
- © Springer International Publishing AG, part of Springer Nature 2018
- ISBN
- 978-3-319-78857-9
- Pages
- 1 –27
- DOI
- 10.1007/978-3-319-78858-6_1
- Publisher site
- See Chapter on Publisher Site
Abstract
[In this chapter the structure of the whole work is presented. The work is based on a fundamental idea: law and the juridical handling of the law (i.e., juridical thinking about the law) are two different things. Hence, in legal philosophy it is vital to differentiate between concepts with a law-stating function of law (concepts of law, L-concepts for short) and concepts with a juridical-operative function (concepts about law, juridical concepts, J-concepts for short). The book is devoted to the analysis of J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer’s philosophy of law. In their handling of the law lawyers play different roles, the most important of them presented here. The chapter also includes a presentation of different juridical modes of thinking and an investigation of the nature of legal doctrines. Finally, it is argued that the concept “legal order” is the most fundamental of juridical concepts.]
Published: Aug 17, 2018