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Legal Power: The Basic Definition

Lindahl, Lars LU and Reidhav, David LU (2017) In Ratio Juris 30(2). p.158-185
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)
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)
Please use this url to cite or link to this publication:
author
organization
publishing date
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
2017-06-18 05:06:23
@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},
  keyword      = {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},
  volume       = {30},
  year         = {2017},
}