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Table of Contents
Intro
Contents
Contributors
Introduction
1 The Meaning of `Legal Power and `Legal Competence
2 The Normativity of Legal Power and Legal Competence
3 Legal Power and Constitutive Rules
4 Legal Officials and Legal Offices
5 Theories of Legal Power and Legal Competence
References
Part I: The Meaning of `Legal Power and `Legal Competence
Capabilities, Powers and Competences
1 Introduction
2 Actions, Capabilities and Attribution
3 Kinds of Rules and Kinds of Powers
4 Directly and Indirectly Rule-Based Facts
5 Juridical Acts
6 Competence
7 Examples
7.1 Super-Tramp
7.2 Moving House
7.3 Administrative Dispositions
7.4 House Search
7.5 Legislation
7.6 Contracting
8 Conclusion
References
Expanding Agency and Borders of Competence
1 Introduction
2 Functions of Competence
2.1 Autonomy, Self-Determination and Competence
3 Competence and Disability Law
3.1 Taxonomy of Competences
4 Soft Competence
4.1 Soft Competences of Nonhuman Animals
5 Conclusion
References
Structures of Legal Competences
1 Introduction
2 Problems of Defining Legal Competence
2.1 The Notion of Intention
2.2 Competences and Reasons
2.3 Competences and Constitutional Restrictions
2.4 Competences and Legal Change
2.5 Competences as Power to Create Legal Arguments
3 Competences as Legal Positions or Relations
4 Definitive Norms and Validity in Principle
5 Competence and Permission
6 Conclusion
References
Part II: The Normativity of Legal Power and Legal Competence
Testing the Utility of a Concept of Power-Conferring Norm: A Proposal
1 Ordinary Legal Language and Conceptual Discomfort
2 Conceptual Conventionalism
3 A Theory of Power-Conferring Norms
4 Types of Power-Conferring Norms
4.1 A Twofold Theoretical Construction
4.2 Outline of a Typology of Power-Conferring Norms
4.2.1 The Actor
4.2.2 The Action or Procedure
4.2.3 The Range of Application
4.2.4 The Range of Regulation
5 Types of Relationships Between Power-Conferring Norms
5.1 Coordination and Hierarchisation of Power-Conferring Norms
5.2 Outline of a Typology of Relationships Between Power-Conferring Norms
5.2.1 Forms of Coordination
5.2.2 Forms of Hierarchisation
6 Conclusion
References
On the Function of Competence Norms in a Legal System
1 Introduction
2 Some Conceptual Considerations
2.1 On the Notion of Function
2.2 The Concept of Competence
2.3 The Semantic Conception of Norms
3 On the Function of Hartś Secondary Rules
4 Kelsenś View on the Function of Competence Norms
5 Competence Norms qua Prescriptions
6 Concluding Remarks
References
Part III: Legal Power and Constitutive Rules
Recognition
1 What It Is
2 What It Is Not
3 Variety of RR
4 Recognition Statements
References
Institutions and Constitutive Rules
Contents
Contributors
Introduction
1 The Meaning of `Legal Power and `Legal Competence
2 The Normativity of Legal Power and Legal Competence
3 Legal Power and Constitutive Rules
4 Legal Officials and Legal Offices
5 Theories of Legal Power and Legal Competence
References
Part I: The Meaning of `Legal Power and `Legal Competence
Capabilities, Powers and Competences
1 Introduction
2 Actions, Capabilities and Attribution
3 Kinds of Rules and Kinds of Powers
4 Directly and Indirectly Rule-Based Facts
5 Juridical Acts
6 Competence
7 Examples
7.1 Super-Tramp
7.2 Moving House
7.3 Administrative Dispositions
7.4 House Search
7.5 Legislation
7.6 Contracting
8 Conclusion
References
Expanding Agency and Borders of Competence
1 Introduction
2 Functions of Competence
2.1 Autonomy, Self-Determination and Competence
3 Competence and Disability Law
3.1 Taxonomy of Competences
4 Soft Competence
4.1 Soft Competences of Nonhuman Animals
5 Conclusion
References
Structures of Legal Competences
1 Introduction
2 Problems of Defining Legal Competence
2.1 The Notion of Intention
2.2 Competences and Reasons
2.3 Competences and Constitutional Restrictions
2.4 Competences and Legal Change
2.5 Competences as Power to Create Legal Arguments
3 Competences as Legal Positions or Relations
4 Definitive Norms and Validity in Principle
5 Competence and Permission
6 Conclusion
References
Part II: The Normativity of Legal Power and Legal Competence
Testing the Utility of a Concept of Power-Conferring Norm: A Proposal
1 Ordinary Legal Language and Conceptual Discomfort
2 Conceptual Conventionalism
3 A Theory of Power-Conferring Norms
4 Types of Power-Conferring Norms
4.1 A Twofold Theoretical Construction
4.2 Outline of a Typology of Power-Conferring Norms
4.2.1 The Actor
4.2.2 The Action or Procedure
4.2.3 The Range of Application
4.2.4 The Range of Regulation
5 Types of Relationships Between Power-Conferring Norms
5.1 Coordination and Hierarchisation of Power-Conferring Norms
5.2 Outline of a Typology of Relationships Between Power-Conferring Norms
5.2.1 Forms of Coordination
5.2.2 Forms of Hierarchisation
6 Conclusion
References
On the Function of Competence Norms in a Legal System
1 Introduction
2 Some Conceptual Considerations
2.1 On the Notion of Function
2.2 The Concept of Competence
2.3 The Semantic Conception of Norms
3 On the Function of Hartś Secondary Rules
4 Kelsenś View on the Function of Competence Norms
5 Competence Norms qua Prescriptions
6 Concluding Remarks
References
Part III: Legal Power and Constitutive Rules
Recognition
1 What It Is
2 What It Is Not
3 Variety of RR
4 Recognition Statements
References
Institutions and Constitutive Rules