Search results: Found 2

Listing 1 - 2 of 2
Sort by
Der Rahmen der Rechtsgewohnheiten

Author:
ISBN: 9783205782919 Year: Pages: 602 Seiten DOI: 10.26530/oapen_437176 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 4032
Subject: Law
Added to DOAB on : 2013-03-27 11:49:14
License:

Loading...
Export citation

Choose an application

Abstract

"The Frame of Legal Customs" ("Der Rahmen der Rechtsgewohnheiten") attempts to interchange results from two scientific disciplines, legal theory and legal history for the middle ages. The first part describes the present and in the sphere of legal theory not unypical view of law as a system of norms as introduced by theorists like Hans Kelsen ore H.L.A. Hart. Main target of criticism is the concept of law as provided by legal positivism, pointing out the problems of the logic of norms and the speech-act-theoretical background of this concept. The second part shows the inadequacy of the modern concept of law – which faces law as system of norms – for the situation of the early middle ages, when law was practiced in judicial assemblies in a strict oral manner without the common use of written texts. Results of German legal history which assume a more differentiated structure of legal thinking (based on incompatible categories of law: "recht", "Gebot", "Willkür") instead of one comprehensive notion of law, are discussed. The third part is dedicated to the close examination of the concept of law of three of the most important legal historians in Germany (Karl Kroeschell, Gerhard Dilcher, Jürgen Weitzel). The fourth and last part offers an alternative approach to the problem, how legal thinking and legal practice can be understood in premodern societies. It starts at the fundamental criticism of legal positivism, which can be found in the work of Ronald Dworkin ("law as integrity") and earlier at Carl Schmitts concept of concrete order ("Konkretes Ordnungsdenken"). The correlation between the role of legal rules, decisions and orders is discussed within the proposed theoretical frame. Finally the notion of order-configurations ("Ordnungskonfigurationen"), which has been brought into discussion by Stefan Weinfurter, is compared to the concept of law as a form of concrete order as developed in the text. A text of Adalbero of Laon and the letters of pope Gregory VII are interpreted as an illustrating example (and implicit criticism on Weinfurter's specific use of sociological functionalism) using the proposed alternative categories

The World of Rules

Authors: --- ---
Book Series: Global Perspectives on Legal History ISBN: 9783944773094 9783944773193 Year: Pages: 378 DOI: 10.12946/gplh10 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
License:

Loading...
Export citation

Choose an application

Abstract

"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type. If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."

Listing 1 - 2 of 2
Sort by
Narrow your search

Publisher

Böhlau (1)

Max Planck Institute for European Legal History (1)


License

CC by-nc-nd (2)


Language

english (1)

german (1)


Year
From To Submit

2017 (1)

2009 (1)