The Concept of a Legal System: An Introduction to the Theory of the Legal System
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Author Description
What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
Menrva's Summary
THE THESIS
This work investigates the fundamental criteria required to define and identify the existence of a legal system. Joseph Raz, a prominent legal philosopher, utilizes a rigorous analytical framework to dissect the structural relationships between laws. By engaging with the foundational theories of Bentham, Austin, Kelsen, and Hart, Raz constructs a systematic approach to understanding how individual laws integrate into a cohesive, functioning legal order.
THE SCOPE MAP
What You Will Find
- Analysis of the criteria for the existence of a legal system
- Examination of the relationship between individual laws and the system as a whole
- Critical evaluation of classical legal positivism
- Theoretical framework for identifying legal validity
THE AUTHORITY PERSPECTIVE
Legal scholars and students of jurisprudence frequently cite this text as a foundational contribution to the understanding of legal systems. Readers often note the high level of academic density and the precise, logical rigor applied to complex philosophical questions.
Page Count:
256
Publication Date:
1980-07-31
Publisher:
Oxford University Press
ISBN-10:
019825363X
ISBN-13:
9780198253631
Philosophy
Law
Legal Theory
Jurisprudence
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