 Legal theory and legal relations. Chapter 4 in Theories of Legal Relations, 2023, pp 194-252 from Edward Elgar Publishing Abstract: The inclusion of the concept of legal relationships in legal theory has several consequences and raises several questions. One of the consequences is the possibility for parties to create or recreate norms through interpretation. These norms provide, in turn, prerogatives such as rights, duties, and powers, including property rights. A third-party may replace a party to keep the legal relationship effective. A set of legal relationships may constitute a group. Finally, the addition and coordination of legal relationships, legal acts, norms, and prerogatives constitute the legal order. This relational approach to a legal order raises several questions of legal theory: the sources of law appear to be circular and not pyramidal; the judge's interpretation takes into account the balance of legal relationships; legal reasoning does involve not only reason but also emotions and can switch from fact to law through legal relationships. It also raises the question of articulating legal relationships and relational justice. Finally, it raises the question of the critical aspect of the relationist approach, especially concerning natural entities. Keywords: Law - Academic (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:21644_4 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Chapters from Edward Elgar Publishing |
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