The concept of the law, the concept of the application of the law, by Robert Alexi, translation: Kamel Farid Al-Salik

Philosophy of Law Concept of Law and Concept of the Application of Law Author: Robert Alexiel Classification: Philosophy of Law Year of Publication: 2013 ISBN: 9789953462970 Book Details Number of Volumes: 1 Edition Number: 2 Binding Type: Cardboard with reinforced cover Number of Pages: 251 Size: 24×17 Paper Type: White Print Colors: Black and white Book Content Second Edition Introduction Introduction to the book by Dr. Kamel Farid Al-Salik Chapter One: The Problem of the Positivist School of Law Section One: The two basic positions in the concept of law Section Two: The practical significance of the discussion about the positivist school Subsection One: The unjust legal text Subsection Two: Contradiction of the wording of the text Chapter Two: Concept of Law Section One: Main elements Section Two: Positivist concepts of law Subsection One: The approach that prioritizes social effect Requirement One: Apparent considerations Requirement Two: Implicit considerations Subsection Two: The approach that prioritizes formal legitimacy Chapter Three: Critique of positivist concepts of law Subsection One: The hypothesis of separation and the hypothesis of connection Subsection Two: The abstract framework Requirement One: The absolute legal concept of validity and the restricted legal concept of validity Requirement Two: The legal system as a system of rules and the legal system as a system of principles Requirement Three: The perspective of the observer and the perspective of the participant Requirement Four: The classificatory connection and the categorical connection Requirement Five: Inferences Section Three: The observer’s point of view Requirement One: Individual rules Requirement Two: Legal systems Section Four: The participant’s point of view Requirement One: The argument of justice Requirement Two: The argument of injustice First: Individual legal rules 1- Linguistic pretext 2- Clarity pretext 3- Effectiveness pretext 4- Trust in law pretext 5- Relative pretext 6- Democracy pretext 7- The pretext of necessity 8- The honest pretext 9- Outcomes Second: Legal systems 1- The hypothesis of influence 2- The hypothesis of destruction Requirement Three: The fundamental argument First: The hypothesis of inclusion Second: The ethical hypothesis Third: The hypothesis of justice Chapter Four: Application of Law Book References Appendix: Notables in Philosophy of Law Introduction Saint Thomas Aquinas Immanuel Kant John Austin Rudolf Stammler Oliver Wendell Holmes Hans Kelsen Kostaf Radbruch Alf Ross Loun Foller Herbert Hart