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Legal Power and Legal Competence: Meaning, Normativity, Officials and Theories

Legal Power and Legal Competence: Meaning, Normativity, Officials and Theories

作者： Gonzalo Villa Rosas; Torben Spaak
出版商： Springer International
ISBN: 9783031285547
出版时间 June 2023
规格： Hardback
适应领域： Switzerland ? 免责申明：
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This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
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

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