Legal Theory

Description

The volume intends to serve as a student book for the legal education in the area of the basic discipline ‘theory of law’. For this purpose it contributes to the recent fundamental jurisprudential debate, which more extensively than the traditional theory of law refers to the communicative and media prerequisites of the law. In the first part the fundamental problems and basic concepts of theory of law are discussed. The focus is laid on the theory of rules or norms, formation of systems in law as well as questions concerning the application of law. In the second part, the discussion of the communication- and media theoretical approaches presented in the introduction is given more prominence. It is illustrated, on the one hand, that the law is reliant on communication and communication media. On the other hand, under the concept of ‘evolution theory’ the history of development of law is addressed in a communication and media theoretical manner. The following issues are addressed: Theory of law as name and program Legal principle, legal rule, use of rules Law and legal system Effectiveness and validity of the law Application and implementation of the law Media of law Evolution of law Writing, letterpress, mass media Internet as the paradigm of a ‘new legal culture’