Overview
- Presents a new theoretical concept of the juridical act, which is not limited to the national laws of any specific country
- Offers clear distinctions between the different aspects of juridical acts
- Details how the meaning of the juridical act is connected to different kinds of legal consequences
Part of the book series: Law and Philosophy Library (LAPS, volume 129)
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Table of contents (5 chapters)
Keywords
About this book
This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws.
The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts.
Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.
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About the author
Bibliographic Information
Book Title: The Juridical Act
Book Subtitle: A Study of the Theoretical Concept of an Act that aims to create new Legal Facts
Authors: H. D. S. van der Kaaij
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-030-15592-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-15591-9Published: 27 June 2019
Softcover ISBN: 978-3-030-15594-0Published: 14 August 2020
eBook ISBN: 978-3-030-15592-6Published: 13 June 2019
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: IX, 184
Number of Illustrations: 25 b/w illustrations, 9 illustrations in colour
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Private International Law, International & Foreign Law, Comparative Law