Description
Book SynopsisWhat this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Table of ContentsI. INTRODUCTION Chapter 1 Different Perspectives from which to Approach the Concept of Law 1. The Diff erence between Formal and Material Perspectives 2. Formal Perspective: The Three-dimensional Method in the Study of Law 3. Material Perspective II. THEORY OF THE LEGAL NORM Chapter 2 Concept of the Legal Norm 1. Defining the Legal Norm as Compared with Other Types of Norms 2. Structure of the Legal Norm Chapter 3 Analytical-Linguistic Consideration of the Legal Norm, as a Prescriptive Proposition 1. Initial Considerations Regarding this Process of Analysis 2. The Concept of Proposition and how it Diff ers from Other Concepts 3. Types of Propositions. The Traditional Approach and Enrico Pattaro’s Approach Chapter 4 Classifi cations of the Legal Norms 1. Primary and Secondary Norms. Historical Criteria for Differentiation 2. Other Classifi cation Criteria for Legal Norms III. THEORY OF THE LEGAL ORDER A) Moments or Phases in the Life of the Legal Order: The Formation, the Interpretation, and the Application Chapter 5 Formation of the Legal Order: Theory of the Sources of Law 1. The Sources of Law 2. Communitarian Law 3. Written Law as the Principal Source in the Roman-Germanic System 4. Custom as a Spontaneous Reiteration of the Acts of the People 5. General Principles of Law 6. Case Law 7. Contracts 8. Jurisprudence Chapter 6 Interpretation of the Legal Order 1. Interconnection between the Processes of Application and Interpretation of Law 2. The concept of Interpretation. Elements 3. Types of Interpretation Chapter 7 Application of the Legal Order 1. Analogy 2. Equity 3. Other Types of Legal Arguments Chapter 8 The Completeness of the Legal Order. Gaps in the Law 1. Principal Theories Utilized by the Legal Order’s Dogma of Completeness 2. The Problem of Gaps in the Law Chapter 9 The Coherence of the Legal Order. Legal Antinomies 1. The Concept of System 2. The Problem of Antinomies Chapter 10 The Unity of the Legal Order. The Validity of the Law 1. The Suitability of the Three-dimensional Approach with Regards to the Topic of Validity 2. The Concept of Validity Chapter 11 The Deontological or Naturalist Foundation of Validity 1. Relations Existing in the Matter of Validity 2. Some Natural Law Theories Chapter 12 Positivist Foundation of Validity 1. Relations Existing on the Subject of Validity 2. Main Positivist Theories Chapter 13 Realist Basis of Validity 1. Relations Existing on the Subject of Validity 2. Principal Realist Theories Chapter 14 Problems Resolved by Considering Law From the Perspective of the Legal Order 1. The Term “Legal Order” 2. Problems Resolved by Considering Law from the Perspective of the Legal Order IV. THEORY OF THE LEGAL RELATIONSHIP Chapter 15 The Legal Relationship 1. Historical Formulation of the Concept of the Legal Relationship F. C. von Savigny’s Elaboration of the Concept in his Work System des Heutingen römischen Rechts 2. Defi nition of The Legal Relationship: The Concepts of Legal Situation, Legal Act, and Legal Transaction 3. Structure of the Legal Relationship: Elements 4. Content of the Legal Relationship 5. Types of Legal Relationships Chapter 16 Right as a Part of the Legal Relationship 1. The Law (“Norma Agendi”) – Right (“Facultas Agendi”) Comparison 2. The Doctrinal Development of the Idea of Right 3. Limits on the Exercise of Rights Bibliography; Index.
