Suchergebnisse

1. Introduction -- I. The Meaning of 'Legal Power' and 'Legal Competence -- 2. Capabilities, Powers and Competences -- 3. Expanding Agency and Borders of Competence -- 4. Structures of Legal Competences -- II. The Normativity of Legal Power and Legal Competence -- 5. Testing the Utility of a Concept of Power-Conferring Norm: A Proposal -- 6. On the function of competence norms in a legal system -- III. Legal Power and Constitutive Rules -- 7. Recognition -- 8. Institutions and Constitutive Rules -- 9. -Constituting Power -- IV. Legal Officials and Legal Offices -- 10. Legal Offices and Legal Powers -- 11. A Hartian Account of Legal Officials -- 12. Authority and Reason in Issues of Legal Truth -- V. Theories of Legal Power and Legal Competence -- 13. An analysis of Jeremy Bentham's quasi-realistic model of legal competence -- 14. Merkl's Stufenbaulehre in the History of the Theory of Legal Power -- 15. Empowerment and the Act of Will in Hans Kelsen's General Theory of Norms.

The Legal Services Corporation is faced with the problem of allocating limited resources in order to meet the legal needs of the poor. It is forced into the dilemma of setting priorities, creating workable regulations to meet an ambiguously defined and elusive concept of legal need. Current regulations require annual reports by legal services programs that are based, in part, on the assessment of eligible clients' needs as expressed by the attitudes of clients, the private bar and other interested persons. These regulations are premised on implicit assumptions relating attitudes, problems experience, legal need, and the relevancy of nonclient perceptions. This study examines these assumptions in an analysis of perceived problems, attitudes toward the allocation of legal services resources, and how these differ between the eligible client community, the private bar and public agencies in a community served by one legal service program in California.