Content
| Abbreviations | ix |
| Foreword | XV |
| Foreword to the English Edition | xvii |
| I. The Problem of Legal Positivism | 1 |
| 1. The Basic Positions | 3 |
| 2. The Practical Significance of the Debate | 5 |
| A. Statutory Injustice | 5 |
| B. Judicial Development of the Law | 8 |
| II. The Concept of Law | 11 |
| 1. Central Elements | 13 |
| 2. Positivistic Concepts of Law | 14 |
| A. Primarily Oriented toward Efficacy | 14 |
| (i) External Aspect | 14 |
| (ii) Internal Aspect | 16 |
| B. Primarily Oriented toward Issuance | 16 |
| 3. Critique of Positivistic Concepts of Law | 20 |
| A. Separation Thesis and Connection Thesis | 20 |
| B. A Conceptual Framework | 23 |
| (i) Concepts of Law Omitting Validity | |
| and Embracing Validity | 23 |
| (ii) Legal Systems as Systems of Norms | |
| and as Systems of Procedures | 24 |
| (iii) Observer’s and Participant’s | |
| Perspectives | 25 |
| (iv) Classifying and Qualifying | |
| Connections | 26 |
| (v) Conceptually Necessary and | |
| Normatively Necessary Connections | 26 |
viii
Contents
(vi) Combinations
C. The Observer's Perspective
(i) Individual Norms
(ii) Legal Systems
D.
The Participant's Perspective(i) The Argument from Correctness
(ii) The Argument from Injustice
(iii) The Argument from Principles
The Validity of Law
83
1. Concepts of Validity 85
A. The Sociological Concept of Validity 85
B. The Ethical Concept of Validity 87
C. The Juridical Concept of Validity 87
2. Collisions of Validity 89
A. Legal and Social Validity 89
(i) Systems of Norms 89
(ii) Individual Norms 91
B. Legal and Moral Validity 91
(i) Systems of Norms 92
(ii) Individual Norms 91
3. Basic Norm 95
A. The Analytical Basic Norm (Kelson)
(i) Concept
(ii) Necessity
(iii) Possibility
(iv) Content
(v) Tasks
(vi) Status
B. The Normative Basic Norm (Kant)
C. The Empirical Basic Norm (Hart)
IV. Definition
Index of Names
Index of Subjects
More on the topic Content:
- The content of justice
- CONTENT
- The Content of the Quasi Categories
- Corresponding to the three elements of the concept of law the elements of social efficacy, correctness of content, and authoritative issuance—are three concepts of validity: the sociological, the ethical, and the juridical.
- A concept of legal validity that leaves out the elements of social efficacy and correctness of content was classified above as a concept of legal validity in a narrower sense.
- Central Elements
- The Paradigmatic Structure of the Warlord Myth: The Myth of the State
- The Name of the Delict
- Internal Organisation: How Are Obligations Arranged?
- Introduction
- Introduction
- The sources of European Union law
- Choosing books
- SUMMARY
- Mandatory rules as peremptory reasons and principles as non- peremptory reasons; the 'closed' or 'open' configuration of the conditions of application
- SUMMARY
- The Basic Positions
- Like Henry Higgins who, through his work changed the object of his studies into something other than what it was, the purpose of the Marxist theory of the state is not just to understand the capitalist state but to aid in its destruction. (Wolfe 1974: 131)
- The Federal Spirit