Description |
1 online resource (xvi, 595 pages : illustrations |
Contents |
Critique of the Nonpositivist Conception of Law. The Nonpositivist Concept of Law -- Argumentation for the Nonpositivist Concept of Law -- Critique of Nonpositivist Argumentation -- The Nonpositivist Conception of Law and the Juristic Concept of the Validity of Law -- Clarification of the Juristic Concept of the Validity of Statutory Law. Preliminaries to the Clarification of the Juristic Concept of the Validity of Statutory Law -- Critique of the Jurisprudential Conceptions of Legal Validity -- The Postpositivist Concept of the Validity of Statutory Law -- Discourse of Validity and the Juristic Presumption of the Validity of Statutory Law Norms -- Epilogue |
Summary |
This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view |
Analysis |
Law |
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Philosophy of law |
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Constitutional law |
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Theories of Law, Philosophy of Law, Legal History |
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Fundamentals of Law |
Bibliography |
Includes bibliographical references and index |
Notes |
English |
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Online resource; title from PDF title page (SpringerLink, viewed July 9, 2013) |
Subject |
Law -- Philosophy.
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Statutes.
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Constitution and Bylaws
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statutes.
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LAW -- Essays.
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LAW -- General Practice.
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LAW -- Jurisprudence.
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LAW -- Paralegals & Paralegalism.
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LAW -- Practical Guides.
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LAW -- Reference.
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Droit.
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Sciences sociales.
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Sciences humaines.
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Law -- Philosophy
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Statutes
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Form |
Electronic book
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Author |
Kiełtyka, Małgorzata, translator.
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ISBN |
9783642276880 |
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3642276881 |
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3642276873 |
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9783642276873 |
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1299856640 |
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9781299856646 |
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