Nils Jansen

in The Making of Legal Authority

Published in print April 2010 | ISBN: 9780199588763
Published online May 2010 | e-ISBN: 9780191723315 | DOI:

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This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to further clarify the classical understanding of the legal process in general, and of codifications in particular. The analysis focuses on specific legal texts and their form, rather than on legal rules. Here, the main argument proceeds from the historical observation that — before and besides the modern legislative codifications — there have always been non-legislative codifications and other basic reference texts: law books, laying down a comprehensive body of norms, which were not issued by legislators but nevertheless were regarded as effectively binding in legal discourse.

Keywords: legal authority; legislation; law-making; legislative codifications; legal texts

Chapter.  3674 words. 

Subjects: Jurisprudence and Philosophy of Law

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