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Foundations and Building Blocks of Law
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Hardcover
May 2018 | ISBN 9789462368606 | 1st edition | 286 pages
€ 118,50
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Foundations and Building Blocks of Law

Jaap Hage | Eleven International Publishing
Foundations and Building Blocks of Law
Foundations and Building Blocks of Law
Foundations and Building Blocks of Law
Foundations and Building Blocks of Law
Hardcover
May 2018 | ISBN 9789462368606 | 1st edition | 286 pages
€ 118,50
Add to cart
E-book 
May 2018 | ISBN 9789462748934 | 1st edition | 286 pages
€ 118,50
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DescriptionAuthors
Description

“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’).

Authors
Jaap Hage
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