By T. Wilhelmsson
Critical reviews in deepest Law discusses the must haves and chances for an alternate or serious felony dogmatics. the start line of the research is the popularity of contradictions in the felony order. during this recognize the speculation could use the event of either American severe criminal experiences and the German makes an attempt to formulate a criminal thought for the social nation. the main for figuring out how the contradictory concrete criminal fabric could produce various effects at the point of criminal judgements is the systematization, the overall rules of the legislations.
The research doesn't, besides the fact that, cease at this theoretical point. The technique is demonstrated via a dialogue of a few positive aspects of recent deepest legislations. a few key parts of agreement legislation, together with shopper legislations, of the Welfare country are singled out. The paintings makes a speciality of the person-orientation of contemporary legislations as a problem to the conventional summary criminal shape. the purpose is to discover the boundaries for a freelance legislation significantly orientated in the direction of the private social and fiscal wishes of the events. This endeavour includes the production of latest criminal suggestions comparable to social strength majeure.
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Extra info for Critical Studies in Private Law: A Treatise on Need-Rational Principles in Modern Law
G. Eriksson does, take a starting point in the vertical conflict between intralegal goal formulations and concrete legal norms. If such goal formulations which are incorporated into the law are taken literally, they often prove to go much further than the legal measures through which the goals are intended to be realized. (ii) Different branches of law can be characterized by partially differing social values. Such contradictions exist not only between traditionally counterposed fields such as private law and public law: within private law, too, corresponding conflicts have arisen.
57 prefers the formulation that the general principles protect "gegeniiber juristischem Pointillismus und legislativer Selbstherrlichkeit". 19 A similar train of thought from quite different starting-points clearly underlies the theories of law as an autopoietic system: "The autopoietic closure sets effective limits to the political instrumentalization of law", Teubner 1988 p. 4. g. Broekman 1986 p. 80: "law cannot accept legal measures which endanger the unity of law" . g. Reich 1977 p. 196, Westermann 1983 p.
G. Kivivuori 1983 p. 58. 17 "The same events that subvert the generality also tend to destroy the relative autonomy of the legal order", writes Roberto Mangabeira Unger, 1976 p. 199. See also Friedman 1986 p. 16, who stresses the connection between the formal rationality of traditional law and its autonomy, and also Wilhelmsson 1986. 3 29 The de lege ferenda significance of systematization What has just been said already contains a hint that the general principles have a more far-reaching significance than merely to function as aids to the application of the law in force.
Critical Studies in Private Law: A Treatise on Need-Rational Principles in Modern Law by T. Wilhelmsson