Chapter

Overcoming the Dualism of Legal Theory

Jeff Mielke

in Introduction to the Problems of Legal Theory

Published in print February 1997 | ISBN: 9780198265658
Published online March 2012 | e-ISBN: 9780191682919 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265658.003.0004
Overcoming the Dualism of Legal Theory

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This chapter presents the Pure Theory of Law's discussion of the natural law origins of the dualism of objective law and subjective right, the concept of subjective right, the concept of legal subject or person, the ideological significance of the concepts ‘subjective right’ and ‘legal subject’, the concept of legal relation, the concept of legal obligation, reducing law in the subjective sense to objective law, analysing the concept of person, and the universalistic character of the Pure Theory of Law.

Keywords: natural law; objective law; subjective right; legal subject; legal relation; legal obligation

Chapter.  6348 words. 

Subjects: Jurisprudence and Philosophy of Law

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