Legal Power: The Basic Definition
(2017) In Ratio Juris 30(2). p.158-185- Abstract
- The concept of legal power (often called legal competence) is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off rom “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited to the “immediate” legal power of a physical person characterized by the powerholder achieving a legal result by the power-holder’s own behaviour (not by representatives acting on behalf of the power-holder). It is argued that in the... (More)
- The concept of legal power (often called legal competence) is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off rom “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited to the “immediate” legal power of a physical person characterized by the powerholder achieving a legal result by the power-holder’s own behaviour (not by representatives acting on behalf of the power-holder). It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (Less)
- Abstract (Swedish)
- The concept of legal power (often called legal competence) is important in
the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited to the “immediate” legal power of a physical person characterized by the powerholder achieving a legal result by the power-holder’s own behaviour (not by representatives acting on behalf of the power-holder). It is argued that... (More) - The concept of legal power (often called legal competence) is important in
the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited to the “immediate” legal power of a physical person characterized by the powerholder achieving a legal result by the power-holder’s own behaviour (not by representatives acting on behalf of the power-holder). It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/50aa7f2d-9cbf-419f-875e-23efb5601f3a
- author
- Lindahl, Lars LU and Reidhav, David LU
- organization
- publishing date
- 2017-06-02
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Jurisprudence, Allmän rättslära
- in
- Ratio Juris
- volume
- 30
- issue
- 2
- pages
- 27 pages
- publisher
- Wiley-Blackwell
- external identifiers
-
- scopus:85019900793
- ISSN
- 0952-1917
- DOI
- 10.1111/raju.12158
- language
- English
- LU publication?
- yes
- id
- 50aa7f2d-9cbf-419f-875e-23efb5601f3a
- date added to LUP
- 2017-06-09 14:41:57
- date last changed
- 2022-04-25 00:34:48
@article{50aa7f2d-9cbf-419f-875e-23efb5601f3a,
abstract = {{The concept of legal power (often called legal competence) is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off rom “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited to the “immediate” legal power of a physical person characterized by the powerholder achieving a legal result by the power-holder’s own behaviour (not by representatives acting on behalf of the power-holder). It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow.}},
author = {{Lindahl, Lars and Reidhav, David}},
issn = {{0952-1917}},
keywords = {{Jurisprudence; Allmän rättslära}},
language = {{eng}},
month = {{06}},
number = {{2}},
pages = {{158--185}},
publisher = {{Wiley-Blackwell}},
series = {{Ratio Juris}},
title = {{Legal Power: The Basic Definition}},
url = {{http://dx.doi.org/10.1111/raju.12158}},
doi = {{10.1111/raju.12158}},
volume = {{30}},
year = {{2017}},
}