| Description |
1 online resource (287 pages). |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Maastricht Law Ser.
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Maastricht Law Ser.
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| Contents |
Intro; Preface; Table of Contents; I. RECURRENT ISSUES; 1 The normativity of law; 2 Kelsen: the legal ought, validity and efficacy; 2.1 The ambiguity of the legal ought; 2.2 How norms exist; 2.3 The role of efficacy; 2.4 Summary on Kelsen; 3 Ross: validity as projection; 3.1 The antinomies; 3.2 Projectivism; 3.3 Concluding remarks on Ross; 4 Hart and the internal aspect of rules; 4.1 Austin: the ban of normativity; 4.2 Being obliged and having an obligation; 4.3 The internal aspect of rules; 4.4 Concluding remarks on Hart; 5 Legal powers; 5.1 Hart on power-conferring rules |
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5.2 Only private powers?5.3 Exercise of power through invocation of rules; 5.4 Duty-imposing rules and power-conferring rules; 5.5 Conclusion on powers; 6 Rights; 7 Reconstruction and construction; 7.1 Legal reasoning as reconstruction; 7.2 Legal constructivism and the institutional theory of law; 7.3 Dworkin's criticism of Hart; 8 Looking forward; Part A FOUNDATIONS; II. MEANING; 1 Language and the world; 1.1 Law as institutional fact; 1.2 Facts; 1.3 States of affairs; 1.4 Terms and individuals; 2 The meaning of the world; 2.1 Personal meaning; 2.2 Social, conventional and rule-based meaning |
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2.3 Contingent and inherent meaning2.4 Searle on function; 2.5 Occam's razor; 3 Linguistic meaning; 3.1 Criteria theories of meaning; 3.2 Stereotypes or ideal types; 3.3 Theories of direct denotation; 3.4 Inferential analysis of meaning; 3.5 Legal status words; 4 Internal and external concepts; 5 Closed and open generalisations; 6 Conclusion; III. Rules as constraints; 1 Not all rules guide behaviour; 2 Directions of fit; 3 Possible worlds and necessity; 3.1 Possible worlds; 3.2 Propositional logic; 3.3 Necessity and the world-to-word direction of fit of constraints |
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3.4 Conditionals and counterfactuals4 Rules as constraints on possible worlds; 4.1 Soft constraints; 4.2 Factual and descriptive counterparts of rules; 5 Conclusion; IV. FACTS; 1 Objective and subjective; 1.1 The traditional view; 1.2 The phenomenological view; 1.3 Peeling off subjectivity; 1.4 The social construction of reality; 2 Objective and other kinds of facts; 2.1 Kinds of facts; 2.2 Objective facts; 2.3 Objectivity and language; 3 Brute social facts; 4 Mountain hikers; 5 Social rules and efficacy; 6 Rule-based facts; 7 Rule-based rules; 8 Conclusion; Part B BUILDING BLOCKS |
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v. KINDS OF RULES1 Introduction and overview; 2 Dynamic rules; 2.1 Introduction to dynamic rules; 2.2 Kelsen on static and dynamic normative systems; 2.3 Searle's 'derivation' of Ought from Is; 2.4 Contracts and legal positions; 2.5 No obligation to comply with contracts; 2.6 Logical analysis of contracts; 2.7 The lesson to be learned; 3 Counts-as rules; 3.1 Introducing counts-as rules; 3.2 Simple classification; 3.3 Events; 3.4 The attribution of legal status; 3.5 Evaluation; 3.6 Rules of change and rules of recognition; 3.7 Counts-as rules and constitutive rules; 4 Fact-to-fact rules |
| Note |
4.1 Duty-imposing rules |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Law -- Philosophy.
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Law -- Philosophy. |
| Genre/Form |
Electronic books.
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| Subject |
Law. |
| Other Form: |
Print version: Hage, Jaap. Foundations and Building Blocks of Law. Portland : Eleven International Publishing, ©2018 9789462368606 |
| ISBN |
9462748934 |
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9789462748934 (electronic book) |
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