Overview
- Shows an original theory of the legal order as a hierarchy of morphological levels
- Offers a broader approach than usual to the investigation of statutory interpretation
- Represents a goundbreaking approach to the problems of conflicts of law and transitional law
Part of the book series: Law and Philosophy Library (LAPS, volume 123)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (17 chapters)
-
Front Matter
Keywords
About this book
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.
Authors and Affiliations
About the author
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
DOI: https://doi.org/10.1007/978-3-319-78858-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG, part of Springer Nature 2018
Hardcover ISBN: 978-3-319-78857-9Published: 27 August 2018
Softcover ISBN: 978-3-030-07665-8Published: 26 January 2019
eBook ISBN: 978-3-319-78858-6Published: 16 August 2018
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XIV, 333
Number of Illustrations: 28 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Research Methodology