EAN: 9780792324416

INSTITUTIONAL LEGAL FACTS - D W RUITER GEBUNDEN

Law is traditionally conceived as consisting of norms of conduct and power-conferring norms.
This conception  however  is unable to account for a variety of elements of modern legal
systems that differ significantly from the classical notions. This book concerns the problem of
which results of human activity can obtain legal validity. The author makes use of recent
findings in speech act theory  especially John R. Searle and Daniel Vanderveken's illocutionary
logic. He sets out a theory of legal norms conceived as institutional legal facts resulting
from performances of speech acts specified in power-conferring norms. The theory provides a
classification of acts-in-the-law and of legal norms resulting from performances of these.
Finally  the transition is made from institutional legal facts to legal institutions. The book
is a contribution to the institutional theory of law as developed by N. MacCormick and O.
Weinberger.

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