JOURNAL ARTICLE
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A Constructivist Discourse Theory of Law
Rechtstheorie, Vol. 51 (2020), Iss. 2 : pp. 171–191
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Svenja Behrendt
Abstract
The paper addresses the highly controversial subject of the nature of law. It attempts to present a post-modern positivist concept of law that rejects the idea that normative contents are something objective or inter-subjective as well as the existence of a unified legal order. The concept builds on elements of system and discourse theory.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Svenja Behrendt: A Constructivist Discourse Theory of Law | 171 | ||
| I. The inescapability of subjectivity within law and the role of legal discourse | 173 | ||
| II. Conceptualizing law as a subjective construct in connection to the legal discourse | 179 | ||
| 1. The individual as the sole author of the law | 179 | ||
| 2. The absence of a unified legal order | 171 | ||
| 3. Approaching the legal discourse | 171 | ||
| 4. The subjective perception of the legal discourse | 171 | ||
| a) Perceiving acts of communication | 171 | ||
| b) Perceiving an act of communication as a contribution to the legal discourse | 171 | ||
| 5. The circle of participants in the multifaceted non-homogenous legal discourse | 171 | ||
| 6. The processes of legal creation by concretization | 171 | ||
| 7. The effects of the concept regarding the evolvement of a specific case | 171 | ||
| 8. What about validity? | 172 |