Springer The Legal Order: Studies in the Foundations of Juridical Thinking: 123 (Law and Philosophy Library, 123)

Product Description In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or  evaluative) J-concepts.  Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.  The work can be characterised as presenting a lawyer´s philosophy of law. From the Back Cover In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or  evaluative) J-concepts.  Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law.  The work can be characterised as presenting a lawyer´s philosophy of law. About the Author Åke Frändberg is Emeritus Professor of Jurisprudence at Uppsala University and former President of the Swedish section of the IVR .He is the author of several books and articles in Swedish. He has also published in English, Chinese, German, and Spanish. His main research interests are the concept “legal order”, application of law and statutory interpretation, and law-state thinking (Rechtsstaat and the Rule of Law). He is a member of the Royal Uppsala Academy of Arts and Sciences. He has been visiting professor at University of Minnesota, Minneapolis, and lecturer at the European Academy of Legal Theory, Brussels. In 2014 his book From Rechtsstaat to Universal Law-State was published by Springer.