BUILDING THE WORLD OF LAW

Author: Hage, Jaap

Source: Legisprudence, Volume 1, Number 3, 2007 , pp. 359-379(21)

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Abstract:

The general purpose of this article is to provide a conceptual framework in terms of which more detailed studies of different types of legal rules, and their roles in legislation, can be performed. The first part of the article sketches a picture of legislation as a kind of legal transaction by means of which the world of law is partially (re)built. The second part discusses norms (prescriptive, prohibitive and permissive rules), competence conferring rules and powers, and rules that deal with legal status (entry, exit and consequential rules) as abstract building blocks of the world of law.

Keywords: Functions of legislation; rules; norms; power; competence; legal status; social reality

Document Type: Research article

Publication date: 2007-01-01

More about this publication?

Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
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