Legal theory has many facets. There may be several approaches to the study of law. Philosophical, sociological, or political approaches are just some of them. This book is a philosophical introduction to the most fundamental issues of legal theory, such as what the law is, when it exists, and how it binds. Despite its claim to be an introduction, the book is more than a collection of information. It is discursive. The book makes and defends several original claims about the nature of legal norms and legal systems. These claims and defenses are more or less final. Other discussions prioritize asking critical questions over finding definitive answers. It is hoped that the air of uncertainty created by these critical questions will stimulate the reader's thinking.(ARKA KAPAKTAN)

 

TABLE OF CONTENT

 

CHAPTER I
THEORIES OF LAW
INTRODUCTION
I. NATURAL LAW THEORIES
A. NATURAL LAW IN HISTORICAL PERSPECTIVE
B. THE TRADITION OF NON-POSITIVISM
II. LEGAL POSITIVISM
A. INCLUSIVE LEGAL POSITIVISM
B. EXCLUSIVE LEGAL POSITIVISM
C. THE SEPARABILITY THESIS AND ITS CAPACITY TO REPRESENT LEGAL POSITIVISM
III. LEGAL REALISM
A. AMERICAN LEGAL REALISM
B. SCANDINAVIAN LEGAL REALISM
IV. MARXIST LEGAL THEORY, CRITICAL LEGAL STUDIES, AND THE HISTORICAL SCHOOL OF JURISPRUDENCE
A. MARXIST LEGAL THEORY
B. THE CRITICAL LEGAL STUDIES MOVEMENT
C. THE HISTORICAL SCHOOL OF JURISPRUDENCE

 

CHAPTER II
THEORY OF LEGAL NORMS
INTRODUCTION
I. THE TYPES AND THE DISTINCTION OF LEGAL AND NON-LEGAL NORMS
A. THE DUALISM OF IS AND OUGHT
B. THE TYPES OF NORMS
II. THE INDIVIDUATION OF LEGAL NORMS
III. VALIDITIY OF LEGAL NORMS
A. AXIOLOGICAL VALIDITY
B. SYSTEMIC VALIDITY
C. FACTUAL VALIDITY
D. THE CRITIQUE OF GENERIC CONCEPTIONS OF VALIDITY
E. TWO CANDIDATES FOR A SOLUTION: AXIO-SYSTEMIC AND AXIO-FACTUAL VALIDITY
IV. NORMATIVE COLLISIONS AND CONTRARINESS
V. APPLICABILITY OF LEGAL NORMS
A. DEFINITION AND TYPES OF APPLICABILITY
B. ON THE CONDITIONS OF APPLICABILITY
VI. BINDING FORCE OF LEGAL NORMS
A. ON A GENERAL OBLIGATION TO OBEY THE LAW
B. ON THE TWO MEANINGS OF BINDING FORCE
VII. INDICATORS AND NORMS: AN INTRODUCTION TO LEGAL INTERPRETATION
A. THE DEFINITION OF INTERPRETATION
B. THE IDENTITY OF INTERPRETERS
C. INTERPRETATION AND NORM: INTERPRETERS AS NORM-MAKERS?
D. METHODS AND PRINCIPLES OF INTERPRETATION

 

CHAPTER III
THEORY OF LEGAL SYSTEMS
INTRODUCTION
I. ON THE FUNCTIONS OF A LEGAL SYSTEM
II. THE UNITY OF THE LEGAL SYSTEM
III. HIERARCHY OF NORMS
A. DETERMINATION OF NORMATIVE HIERARCHY
B. NORMATIVE HIERARCHY VS. PRIMACY OF APPLICATION
IV. THE VALIDITY OF THE LEGAL SYSTEM
A. THE CONCEPT OF EFFICACY
B. THE CONDITION OF GENERAL EFFICACY
C. ON THE SUFFICIENCY OF THE CRITERION OF GENERAL EFFICACY
D. THE CRITERION OF INSTITUTIONALITY
V. PUBLIC AND PRIVATE LAW: THE DISTINCTION AND THE BRANCHES
A. ON THE CRITERIA OF THE DISTINCTION
B. ON THE ACCURACY OF THE DISTINCTION
VI. INTERNATIONAL LAW AND MUNICIPAL LAW
A. PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW
B. THE SOURCES OF INTERNATIONAL LAW
C. THE NATURE OF JUS COGENS NORMS
D. HIERARCHY BETWEEN THE SOURCES OF INTERNATIONAL LAW
E. MONISM AND DUALISM IN THE THEORY OF INTERNATIONAL LAW
F. "INCORPORATION" OF INTERNATIONAL LAW
VII. CIVIL LAW AND COMMON LAW: KEY DIFFERENCES
A. HISTORICAL DEVELOPMENT OF COMMON LAW AND CIVIL LAW
B. COMPARISON OF CIVIL LAW AND COMMON LAW IN VARIOUS RESPECTS
CONCLUSION

 

BIBLIOGRAPHY
INDEX