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Maastricht Law Series

Foundations and Building Blocks of Law

Foundations and Building Blocks of Law

Jaap Hage

Foundations and Building Blocks of Law

Maastricht Law Series

Foundations and Building Blocks of Law

Foundations and Building Blocks of Law

Maastricht Law Series: Foundations and Building Blocks of Law

 

"There is no gap between Is and Ought, but there is a gap between fact and norm." "There is a difference between legal powers and legal competences, but there are no power-conferring rules." "There is no obligation to comply with contracts."


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Beschrijving Maastricht Law Series: Foundations and Building Blocks of Law

"There is no gap between Is and Ought, but there is a gap between fact and norm."
"There is a difference between legal powers and legal competences, but there are no power-conferring rules."
"There is no obligation to comply with contracts."
"There are no regulative rules, and all rules are constitutive."

All these claims are controversial in the eyes of many legal theorists. This book argues that they are all true, or justified, if understood in the proper context. The argument starts from the relation between language and facts and continues with a distinction between three kinds of facts, and the role which rules play in the constitution of one of the three kinds. Building on this foundation, the book moves on to analyses of the building blocks of law: duties, obligations, permissions, juridical acts, powers, competences, norms and rights. Interwoven through these analyses, the reader finds discussions of the alleged gap between Is and Ought, and of the logic of normative notions ('deontic logic').


ISBN
9789462368606
Pagina's
286
Verschenen
Serie
Maastricht Law Series
NUR
820
Druk
1
Uitvoering
Paperback
Taal
Engels
Uitgever
Eleven international publishing

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