A Three-Dimensional Theory of Law

What 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.

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Pages: 341–366
Pages: 367–375
María José Falcón y Tella is Professor of Legal Philosophy (1991) and Director of the Institute of Human Rights (1998) at the Complutense University of Madrid. She is the author of 20 books, many of them translated into different languages, such as Civil Disobedience (Nijhoff, 2004), Punishment and Culture (Nijhoff, 2006), and Equity and Law (Nijhoff, 2008). She was awarded 'The National Prize of Studies in Law' in 1987.
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
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
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
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.
All those interested in Legal Theory, from all branches of law, especially legal philosophers and specialists in Constitutional law. The relevant subjects are the sources of law, legal interpretation and argumentation, legal validity, legal gaps and antinomies, and the legal relationship.
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