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© 2018

The Legal Order

Studies in the Foundations of Juridical Thinking

Book

Part of the Law and Philosophy Library book series (LAPS, volume 123)

Table of contents

  1. Front Matter
    Pages i-xiv
  2. Åke Frändberg
    Pages 1-27
  3. Åke Frändberg
    Pages 29-68
  4. Åke Frändberg
    Pages 69-84
  5. Åke Frändberg
    Pages 85-95
  6. Åke Frändberg
    Pages 97-106
  7. Åke Frändberg
    Pages 125-137
  8. Åke Frändberg
    Pages 139-152
  9. Åke Frändberg
    Pages 153-188
  10. Åke Frändberg
    Pages 189-204
  11. Åke Frändberg
    Pages 205-215
  12. Åke Frändberg
    Pages 217-240

About this book

Introduction

In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the 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.

Keywords

Legal order Analogy Collision (of Rules) Competition (of Rules) Retroactivity Application of Law Validity of Law Statutory Interpretation Ontology of Law Intellectualism

Authors and affiliations

  1. 1.Uppsala UniversityUppsalaSweden

About the authors

Åke Frändberg is Emeritus Professor of Jurisprudence at Uppsala University and former President of the Swedish section of the IVR .He is the author of several books and articles in Swedish. He has also published in English, Chinese, German, and Spanish. His main research interests are the concept “legal order”, application of law and statutory interpretation, and law-state thinking (Rechtsstaat and the Rule of Law). He is a member of the Royal Uppsala Academy of Arts and Sciences. He has been visiting professor at University of Minnesota, Minneapolis, and lecturer at the European Academy of Legal Theory, Brussels. In 2014 his book From Rechtsstaat to Universal Law-State was published by Springer.


Bibliographic information

  • Book Title The Legal Order
  • Book Subtitle Studies in the Foundations of Juridical Thinking
  • Authors Åke Frändberg
  • Series Title Law and Philosophy Library
  • Series Abbreviated Title Law,Philosophy Library
  • DOI https://doi.org/10.1007/978-3-319-78858-6
  • Copyright Information Springer International Publishing AG, part of Springer Nature 2018
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology Law and Criminology (R0)
  • Hardcover ISBN 978-3-319-78857-9
  • Softcover ISBN 978-3-030-07665-8
  • eBook ISBN 978-3-319-78858-6
  • Series ISSN 1572-4395
  • Series E-ISSN 2215-0315
  • Edition Number 1
  • Number of Pages XIV, 333
  • Number of Illustrations 28 b/w illustrations, 0 illustrations in colour
  • Topics Theories of Law, Philosophy of Law, Legal History
    Philosophy of Law
    Research Methodology
  • Buy this book on publisher's site
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