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The Legal OrderThe Legal Order: Morphological Levels

The Legal Order: The Legal Order: Morphological Levels [In this chapter and chapters 3, 4, 5 and 6 the morphological J-concepts are examined, taking legal order as the fundamental juridical concept. In this chapter studies the notion of legal order. For this purpose the author uses an analogy with the distinction within linguistics between accidence and syntax. A legal order is a hierarchy of five levels, where the syntax on a given level is the syntax for the accidence on all lower levels and the accidence for all higher levels. The lowest level is pure accidence, the highest level is pure syntax. The first level concerns the lowest common denominators of a legal order, which are taken to be elementary legal positions (like elementary Hohfeld elements). The second level are compound legal positions constructed out of basic ones (e.g., property and marriage). The third level is that of legal rules (in which compound legal relations are prominent components), and here a detailed taxonomy of them is presented by means of a standard form for each type of legal rule. The fourth level is the level of legal systems. Here several different relations between legal rules are explored (such as logical and genetic relations). It is argued that all legal rules are (deontic) norms and that all legal rules are different kinds of mandatory (duty-imposing) norms. The fifth level is that of the legal order itself, which is taken to be a feedback type of relation between a set of legal rules (a legal system) and a legal organisation consisting of certain compound legal relations such that rules in the legal system constitute the organisation and the function of the legal organisation is to handle (create, apply) rules in the system. A section is devoted to soft law.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Legal OrderThe Legal Order: Morphological Levels

Part of the Law and Philosophy Library Book Series (volume 123)
Frändberg, Åke
The Legal Order — Aug 17, 2018
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39 pages

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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
29 –68
DOI
10.1007/978-3-319-78858-6_2
Publisher site
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Abstract

[In this chapter and chapters 3, 4, 5 and 6 the morphological J-concepts are examined, taking legal order as the fundamental juridical concept. In this chapter studies the notion of legal order. For this purpose the author uses an analogy with the distinction within linguistics between accidence and syntax. A legal order is a hierarchy of five levels, where the syntax on a given level is the syntax for the accidence on all lower levels and the accidence for all higher levels. The lowest level is pure accidence, the highest level is pure syntax. The first level concerns the lowest common denominators of a legal order, which are taken to be elementary legal positions (like elementary Hohfeld elements). The second level are compound legal positions constructed out of basic ones (e.g., property and marriage). The third level is that of legal rules (in which compound legal relations are prominent components), and here a detailed taxonomy of them is presented by means of a standard form for each type of legal rule. The fourth level is the level of legal systems. Here several different relations between legal rules are explored (such as logical and genetic relations). It is argued that all legal rules are (deontic) norms and that all legal rules are different kinds of mandatory (duty-imposing) norms. The fifth level is that of the legal order itself, which is taken to be a feedback type of relation between a set of legal rules (a legal system) and a legal organisation consisting of certain compound legal relations such that rules in the legal system constitute the organisation and the function of the legal organisation is to handle (create, apply) rules in the system. A section is devoted to soft law.]

Published: Aug 17, 2018

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