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The Legal OrderThe Juridical Topology: Some Basic Concepts

The Legal Order: The Juridical Topology: Some Basic Concepts [In this chapter and chapters 8, 9, 10, 11 and 12 deal with the topological J-concepts. In this chapter the author defines the concepts “legal case” and “operative fact”. After analysing the structure of legal cases, he introduces a distinction between single-system and multi-system topology, the former being the relation between a legal case and the applicable rules when the legal system itself remains constant, while in the latter the rules involved belong to two or more different legal systems. Topological spheres of legal rules are also presented: the linguistic sphere of cases; the sphere of operative facts, i.e., the set of cases to which a rule is actually applied; the sphere of influence, i.e., the set of potential operative facts, and the sphere of operation, i.e., the union of the spheres of operative facts and influence.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Legal OrderThe Juridical Topology: Some Basic Concepts

Part of the Law and Philosophy Library Book Series (volume 123)
Frändberg, Åke
The Legal Order — Aug 17, 2018
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Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG, part of Springer Nature 2018
ISBN
978-3-319-78857-9
Pages
125 –137
DOI
10.1007/978-3-319-78858-6_7
Publisher site
See Chapter on Publisher Site

Abstract

[In this chapter and chapters 8, 9, 10, 11 and 12 deal with the topological J-concepts. In this chapter the author defines the concepts “legal case” and “operative fact”. After analysing the structure of legal cases, he introduces a distinction between single-system and multi-system topology, the former being the relation between a legal case and the applicable rules when the legal system itself remains constant, while in the latter the rules involved belong to two or more different legal systems. Topological spheres of legal rules are also presented: the linguistic sphere of cases; the sphere of operative facts, i.e., the set of cases to which a rule is actually applied; the sphere of influence, i.e., the set of potential operative facts, and the sphere of operation, i.e., the union of the spheres of operative facts and influence.]

Published: Aug 17, 2018

Keywords: Linguistic Sphere; Legal Cases; Spherical Topology; Evidentiary Facts (EF); Individual Legal Positions

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