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Institutional Legal Facts

Legal Powers and their Effects

  • Dick W. P. Ruiter

Part of the Law and Philosophy Library book series (LAPS, volume 18)

Table of contents

  1. Front Matter
    Pages i-3
  2. Dick W. P. Ruiter
    Pages 5-36
  3. Dick W. P. Ruiter
    Pages 37-79
  4. Dick W. P. Ruiter
    Pages 81-102
  5. Dick W. P. Ruiter
    Pages 103-129
  6. Dick W. P. Ruiter
    Pages 131-159
  7. Dick W. P. Ruiter
    Pages 161-203
  8. Dick W. P. Ruiter
    Pages 205-225
  9. Back Matter
    Pages 227-239

About this book

Introduction

Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. This conception, however, is unable to account for a variety of elements of modern legal systems that differ significantly from the classical notions. This book concerns the problem of which results of human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. He sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.

Keywords

John Rogers Searle Rule of Recognition logic theory of law

Authors and affiliations

  • Dick W. P. Ruiter
    • 1
  1. 1.Department of Public Administration and Public PolicyUniversity of TwenteEnschedeThe Netherlands

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-015-8198-1
  • Copyright Information Springer Science+Business Media B.V. 1993
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-90-481-4312-2
  • Online ISBN 978-94-015-8198-1
  • Series Print ISSN 1572-4395
  • Buy this book on publisher's site
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