Friedrich Müller is one of the most important theoretical and constitutional lawyers of the 20th century, whose works are celebrated for their originality and wide reach. Already in the 1960s, Müller noticed the interrelationship between legal dogmatics, legal methodology and the theory of norm. According to Müller, issues present in the legal doctrine originated from methodical problems, which were themselves rooted in flaws from legal norm's theory. In relation to the latter, Müller tried to develop a new theory of the legal norm, moving from the practice of law. Thus, in the early 1970s, Müller called this new paradigm "post-positivist". The main claim is that the normative text is only a preliminary form and for this it is crucial to develop methodologically the passage from the text to the norm. It is realized by the new understanding of the structure of the legal norm, based on two central components: the norm-programme and the normative domain. For this, Friedrich Müller points to some characteristics of the Structuring Legal Theory, defining it as a realistic theory, since it requires contributions from social sciences, especially through the concept of normative domain.
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Friedrich Müller's Theory of Law
Proceedings of the Special Workshop held at the 29th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lucerne, Switzerland, 2019
- 142 pages
- English
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eBook - PDF
Friedrich Müller's Theory of Law
Proceedings of the Special Workshop held at the 29th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lucerne, Switzerland, 2019
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Table of contents
- Table of Contents
- NATALINA STAMILE / NESTOR CASTILHO GOMES / DENNIS JOSÉ ALMANZA TORRES: Introduction
- FRIEDRICH MÜLLER: Vorwort
- FRIEDRICH MÜLLER: Preface
- JOÃO MAURÍCIO ADEODATO: From the Dissociation Between Text and Norm to the Pulverization of Legal Decisions
- GIANLUCA ANDRESANI / NATALINA STAMILE: Mulling Over Hermeneutics
- MIKHAIL ANTONOV: Law, State, and Human Rights in Russian Legal Lexicon
- RODRIGO BORNHOLDT: On Valuation in Legal Interpretation. A Study Based on Structuring Legal Theory
- THOMAS COENDET: Restructuring Structuring Legal Theory
- ADRIANO SANT’ANA PEDRA: Changes in constitutional interpretation and their limits A Friedrich Müller’s theory based approach
- FLORIAN WINDISCH /RALPH CHRISTENSEN: Friedrich Müller’s Experimental Turn of Legal Positivism
- FLORIAN WINDISCH: Towards a Structuring Method of Balancing in Fundamental Rights Law
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Yes, you can access Friedrich Müller's Theory of Law by Natalina Stamile,Nestor Castilho Gomes,Dennis Almanza Torres in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over 1.5 million books available in our catalogue for you to explore.