During the last decades, legal theory has focused almost
completely on norms, rules and arguments as the constitutive
elements of law. Concepts were mostly neglected. The contributions
to this volume try to remedy this neglect by elucidating the role
concepts play in law from different perspectives. A main aim of
this volume is to initiate a debate about concepts in law. Ake
Frandberg gives an overview of the many different uses of concepts
in law and shows amongst others that concepts in the law should not
be confused with the role of concepts in descriptions of the law.
Dietmar von der Pfordten criticizes the restriction to norms as
parts of the law in contemporary legal theory by questioning what
concepts are and what their function is, both in general and in
legal conceptual schemes. Giovanni Sartor assumes the inferential
analysis of meaning proposed by Alf Ross in his ground breaking
paper Tu-tu and addresses the question how possession of a concept,
including the rules defining it, is possible without endorsing
these rules. Jaap Hage argues that 1. legal status words such as
'owner' have a meaning because they denote things or relations in
institutional reality, 2. the meaning of these words consists in
this denotation relation, 3. knowledge of this meaning presupposes
knowledge of the rules governing these words. Torben Spaak
contributes to this volume with an exemplary analysis of one of the
most central concepts of the law, namely that of a legal power.
Lorenz Kahler discusses the role of concepts in determining the
scope of application of legal rules and raises from this
perspective the question to what extent legal concept formation can
be arbitrary. Ralf Poscher argues that as soon as a concept is used
in stating the law, the precise scope of application of this
concept has become a legal matter. This means that the use of
'moral' concepts in the law does not automatically lead to a moral
import into the law. Dennis Patterson holds that Hart's concept of
law can be understood as a so-called 'practice theory' and provides
an overview of such a theory."
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