Abstract: In the preceding chapters I have developed a conceptual framework for the institutional analysis of legal systems. As I had to break new grounds in a rather exploratory manner, it was not well possible to present my findings in a fully systematic manner. Thus, in the course of the first three chapters the original conception of valid institutional legal facts as legal situations existing within the legal system was gradually transformed into a much wider conception according to which institutional legal facts constitute singular, as well as general legal conditions obtaining in the legal system. Further, the conception of legal judgments projecting legal situations was extended to capture the class of legal rules projecting juridico-causal relationships between categories of conditions. Also, important insights into the structure of institutional legal facts in general were gained in the course of analysing one single category, namely, legal institutions. However, once it has been established that legal institutions are related to constitutive, institutive, termina-tive, and invalidating rules, it becomes obvious that not only legal institutions but all institutional legal facts are related to such rules. Subsequently, the results from the analysis of written law were put in a new light by additional analyses of main forms of unwritten law, namely, legal principles and customary law.
Publication Year: 2001
Publication Date: 2001-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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