Law and Philosophy Library

The Juridical Act

A Study of the Theoretical Concept of an Act that aims to create new Legal Facts

Authors: van der Kaaij, H. D. S.

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  • 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
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eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-030-15592-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
  • ISBN 978-3-030-15591-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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.

About the authors

Hester van der Kaaij holds a bachelor degree in law and a master degree in private law from the University of Maastricht (2011). In May 2016 she obtained her PhD in the field of legal theory and legal philosophy. Her interests lie with the study of the basic concepts of law, juridical acts, philosophy of language and institutional theories of law. In August 2016 she started her training to become a lawyer at Themis Advocaten in Maastricht.

Table of contents (5 chapters)

Table of contents (5 chapters)

Buy this book

eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-030-15592-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
  • ISBN 978-3-030-15591-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

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
Series Title
Law and Philosophy Library
Series Volume
129
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-15592-6
DOI
10.1007/978-3-030-15592-6
Hardcover ISBN
978-3-030-15591-9
Series ISSN
1572-4395
Edition Number
1
Number of Pages
IX, 184
Number of Illustrations
25 b/w illustrations, 9 illustrations in colour
Topics