A Basic Classification of Legal Institutions

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Abstract:

The author offers a general definition of legal institutions. A distinction between institutional legal concepts, legal institutions and social institutions makes it possible to define legal institutions as systems of valid presentations of what must occur in social reality in order that the former can be said also to exist as social institutions. Weinberger's idea, that the relation of legal institutions (practical information) to reality is the exact reverse of that between propositions (theoretical information) and reality, is subsequently used in developing a basic classification of legal institutions by analogy with the traditional division of elements of singular propositions in definite descriptions, properties and relations.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/1467-9337.00066

Affiliations: University of Twente, Department of Public Administration and Public Policy, P.O. Box 217, 7500 AE Enschede, The Netherlands

Publication date: December 1, 1997

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