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Vol 21 No 11 Nov/Dec 2016

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Institutional Legal Facts

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Dick W.P. RuiterDepartment of Public Administration and Public Policy, University of Twente, Enschede, Netherlands

ISBN13: 9780792324416
ISBN: 0792324412
Published: September 1993
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



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.;The work 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.

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Contents:
1: The Concept of Legal Systems. I. Legal Validity. II. Basic Norm versus Rule of Recognition. III. The Formal Structure of Legal Systems. IV. Widening the Concept of Legal Systems.
2: Speech Acts. I. Major Concepts of Speech Act Theory. II. Declarative Speech Acts. III. Commitments as Presentations. IV. Presentations of Attempts and Purposes. V. Classification of Declarative Speech Acts.
3: Acts-in-the-Law. I. Testing the Classification of Declarative Speech Acts. II. Norms of Competence.
4: Negative Acts-in-the-Law. I. Illocutionary Denegation. II. Revocation and Invalidation.
5: Logical Relations between Legal Norms. I. Legal Norms. II. Acts-in-the-Law.
6: General Norms and Rules. I. General Norms and Rules of Conduct. II. General Norms and Rules. III. Abstract Acts-in-the-Law.
7: Legal Institutions. I. From Institutional Legal Fact to Legal Institution. II. Institutions and Legal Systems.