David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 17 (3):215 - 232 (1998)
The article is concerned with the question of how legal institutions are structured with the use of constitutive, institutive, consequential, and terminative rules. To that end, the regulation of international treaties as laid down in the Vienna Convention on the Law of Treaties of 1969 is analysed. This leads to the discovery of two additional categories of rules: content rules and invalidating rules. Finally, the special status of unique legal institutions is investigated. Unique legal institutions – for example, heads of state, parliaments, and supreme courts – enjoy validity in a legal system to the exclusion of the validity of any other legal institution of the same category in that system.
|Keywords||structure institution rule treaty régime unique legal institution validity|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Peter Morton (1998). An Institutional Theory of Law: Keeping Law in its Place. Oxford University Press.
N. MacCormick (1998). Norms, Institutions, and Institutional Facts. Law and Philosophy 17 (3):301-345.
G. Sartor (2000). Legal Validity as Doxastic Obligation: From Definition to Normativity. [REVIEW] Law and Philosophy 19 (5):585-625.
Benjamin Yost (2011). Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment. Continental Philosophy Review 44 (1):41-64.
Dick W. P. Ruiter (1997). Legal Validity Qua Specific Mode of Existence. Law and Philosophy 16 (5):479 - 505.
Lewis A. Kornhauser (2005). Economic Rationality in the Analysis of Legal Rules and Institutions. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.. 67--79.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
P. W. (1998). Structuring Legal Institutions. Law and Philosophy 17 (3):215-232.
Added to index2009-01-28
Total downloads7 ( #216,593 of 1,692,205 )
Recent downloads (6 months)1 ( #184,284 of 1,692,205 )
How can I increase my downloads?