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In: Social sciences studies journal: SSS journal, Band 4, Heft 24, S. 4861-4871
ISSN: 2587-1587
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In: Social sciences studies journal: SSS journal, Band 4, Heft 24, S. 4861-4871
ISSN: 2587-1587
A comprehensive theory of legal system is outlined and the author summarizes the meaning layers of law (text layer, layer of legal dogmaics, the judge made law, layer of constitutional rights).
ISSN: 2699-8084
In: Cambridge introductions to philosophy and law
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism
In: ISA Annual Convention Catalytic Workshop - What Makes Legal Norms Distinctive, 2013
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This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. Legal ideology and legal psychology appear as levels of legal culture. A significant part in law enforcement and all of its realization forms is assigned to classifications of legal consciousness according to a number of subjects (group, individual, mass consciousness), and according to the content (common, professional, doctrinal consciousness). Legal culture is considered as legal consciousness with a positive content.
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In: U.P. Law centennial textbook writing project
In: T. Spaak, G. Villa Rosas (eds.), Legal Competence: Concept, Norms, Formalization, and Exercise, Springer (Forthcoming)
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In: Judges and Adjudication in Constitutional Democracies: A View from Legal Realism (Pierluigi Chiassoni & Bogan Spaić eds., 2020 Forthcoming)
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