scholarly journals A DEFINITION OF THE CONCEPT OF LAW

1977 ◽  
Author(s):  
Alan V. Johnson
Keyword(s):  
The Concept Of Law ◽  
Definition Of ◽  
Concept Of Law

Conceptual Theories of Law and the Challenges of Global Legal Pluralism

2020 ◽  
pp. 317-338
Author(s):  
Wibren van der Burg
Keyword(s):  
Legal Pluralism ◽  
Family Resemblance ◽  
Legal Philosophy ◽  
General Definition ◽  
Legal Obligations ◽  
The Concept Of Law ◽  
Definition Of ◽  
Conceptual Pluralism ◽  
Pluralist Approach ◽  
Concept Of Law

One of the perennial discussions in legal philosophy is: What is law? Theories that elucidate the concept of law and provide definitions may be called conceptual theories of law. For such conceptual theories, global legal pluralism presents at least four major challenges. First, it recognizes a wide variety of types of law. Second, it recognizes a wide variety of law-producing actors. Third, it accepts that legal orders may gradually emerge. Fourth, legal orders overlap and are intertwined in many ways. We may discern three different strategies to deal with these challenges: monist, relativist, and pluralist. This chapter defends a pluralist approach, namely legal interactionism. It builds on American pragmatism, especially on the work of Lon Fuller and Philip Selznick. Legal interactionism recognizes interactional law as a source for legal obligations, but also accepts that contract and enacted law may constitute relatively autonomous legal orders in their own right. This chapter focuses on how it implies conceptual pluralism and definitional pluralism, and then discusses how this enables it to deal adequately with the four challenges global legal pluralism presents. Legal interactionism emphasizes that the concept of law is plural in character and can best be analyzed in terms of a dynamic family resemblance. If there is not one unified concept of law, but a plurality of defensible, partly incompatible conceptions, there cannot be one general definition of law.

scholarly journals Contra o Conceito do Direito: Ontologia e Epistemologia no Problema da Definição do Direito

2018 ◽  
Author(s):  
Ítalo Oliveira
Keyword(s):  
Legal Theory ◽  
Scientific Activity ◽  
Point Of View ◽  
Epistemological Problem ◽  
Specific Object ◽  
Advance Research ◽  
The Concept Of Law ◽  
Definition Of ◽  
Ontological Problem ◽  
Concept Of Law

The problem of definition of the concept of law or at least the description of features of legal phenomenon presents variation about the implications of its solution and about the worries around it. The forms of this problem I am interested in are related to ontology and epistemology in legal philosophy: ‘What is the law?’ as (1) a question about the definition of the essence of law and (2) about the definition of a specific object of investigation for sciences about the supposed legal phenomenon – philosophy of law, legal theory, and science of law, for instance. Challenging its premises and trying to avoid both the ontological problem and epistemological problem, I propose a change of perspective from pragmatic concerns what I call the “manager's point of view”: a vision of who should manage the finite economic resources to finance scientific activity in the area of law. I argue that, starting from there, the problem of defining the concept of law as an ontological problem and as a epistemological problem is an unnecessary problem whose solution is useless to advance research in the field of law. I propose a reorientation of the controversy that has implications on how to see the researches and the education in this field.

APPROACHES TO DEFINING THE CONCEPT OF «LAW ENFORCEMENT»

2021 ◽  
Author(s):  
Юлия Борисовна Штин
Keyword(s):  
Law Enforcement ◽  
Characteristic Features ◽  
The Concept Of Law ◽  
Definition Of ◽  
Concept Of Law

Предметом исследования является генезис понятия «правоприменение», исследуется теоретический дискус различных подходов к его определению. На основе проведенного анализа выявлены характерные особенности правоприменения, приведено авторское определение понятию «правоприменение». The article deals with the genesis of the concept of «law enforcement», explores the theoretical discus of various approaches to its definition. On the basis of the analysis, the characteristic features of law enforcement are revealed, the author's definition of the concept of "law enforcement" is given.

Law and Protestantism in Denmark

2016 ◽  
Vol 102 (1) ◽  
pp. 406-418
Author(s):  
Ditlev Tamm
Keyword(s):  
Criminal Law ◽  
Marriage Law ◽  
The Reformation ◽  
The Law ◽  
The Concept Of Law ◽  
The Church ◽  
Concept Of Law ◽  
Catholic Bishops

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.

Introduction: The Guiding Ideas

2018 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Undergraduate Student ◽  
The Law ◽  
The Concept Of Law ◽  
Scholastic Philosophy ◽  
Concept Of Law

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....

The Concept of Law

1962 ◽  
Vol 71 (6) ◽  
pp. 1185 ◽  
Author(s):  
Alf Ross ◽  
H. L. A. Hart
Keyword(s):  
The Concept Of Law ◽  
Concept Of Law
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