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A Theory of Legal Sentences
Manuel Atienza
J. Ruiz Manero
出版
Springer Science & Business Media
, 2012-12-06
主題
Philosophy / Reference
Law / Reference
Science / Philosophy & Social Aspects
Philosophy / Logic
Law / Jurisprudence
Philosophy / General
ISBN
9400708483
9789400708488
URL
http://books.google.com.hk/books?id=NrSLBQAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.