A Three-Dimensional Theory of Law
Author | : María José Falcon y Tella |
Publisher | : BRILL |
Total Pages | : 392 |
Release | : 2010-04-27 |
ISBN-10 | : 9789004193376 |
ISBN-13 | : 9004193375 |
Rating | : 4/5 (76 Downloads) |
Book excerpt: 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.