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A Theory of Legal Sentences (Law and Philosophy Library)
 
 
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A Theory of Legal Sentences (Law and Philosophy Library) [Hardcover]

Manuel Atienza (Author), J. Ruiz Manero (Author)

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Book Description

0792348567 978-0792348566 November 30, 1997 1
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

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Inside This Book (learn more)
First Sentence:
The discussion about principles in recent legal theory started with a now famous article by Ronald Dworkin, published in 1967 under the title 'Is Law a System of Rules?' Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
major prison term, permissive sentences, minor prison term, ferring rules, permissive norms, mandatory norms, deontic norms, qualifying dispositions, peremptory reason, strong permission, weak permission, normative qualification, criminal norms, institutional result, normative result, regulative norms, rule conferring, contemporary legal theory, indifferent behaviour, operative reason, evaluative sentences, auxiliary reasons, indirect formulation, legal dogmatics, normative sentences
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Spanish Constitution, Toro Sentado, Ruiz Manero, Spanish Civil Code, Joseph Raz, New York, Ricardo Caracciolo, Aleksander Peczenik, Alf Ross, Mir Puig, Swedish Constitution
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