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I.ON THE FUNCTIONS OF A LEGAL SYSTEM
Let me first make it clear that I use the expressions “legal system” and “legal order”…
Readers may wonder why this section concerns the functions of a legal system and…
Since the last two chapters of this book are written from the perspective of legal…
Lastly, the functions of the legal system should be distinguished from the functions…
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Now, I would like to comment on some general functions of legal systems. The views…
The function of the legal system could be moral as well as non-moral. It is sometimes argued that law should have justice as its target or that law is the administration of justice.…
Yet, it is important to bear in mind that law does not necessarily serve moral ends.…
It is one thing for a legal system to be required to achieve justice and morally…
Robert Alexy generally wishes to establish a connection between the claim to (moral)…
What supposedly establishes the conceptual link between the claim to correctness…
Notice however, that Alexy does not require that the claim to correctness be true.…
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It is also possible to charge legal systems with non-moral tasks. For instance, it…
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Now, let us consider the case with the latter type of function where society is not…
Of course, this does not mean that societies cannot be torn apart by the legal system.…
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What follows is an examination of the existence, conceptual boundaries, and different…
INTRODUCTION
II.THE UNITY OF THE LEGAL SYSTEM
EN
TR
