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5 - Legal Discourse

from Part I - Sociality

Published online by Cambridge University Press:  03 September 2021

Kaarlo Tuori
Affiliation:
University of Helsinki
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Summary

Despite their different functions in law and society, specialised legal practices are interlinked. They produce legal texts: laws and travaux préparatoires, court decisions, and scholarly papers and treatises. These are legal speech acts which are recursively linked with each other to constitute a common legal discourse. It is this discourse which, at the surface level of law, determines the momentary contents of the normative legal order, that is, the law in force. In modern state law, legislators bear the main responsibility for establishing new legal norms. During the legislative process, travaux préparatoires are published by law-drafting and deliberative bodies, such as legislative bills submitted to parliament, and reports by governmental and parliamentary committees. These may be considered as legal speech acts on their own. The main task of judicial practices is to apply the law in force to concrete cases and thus to secure its realisation. Yet, especially through precedents issued in hard cases, courts also exercise legislative and doctrinal functions and modify what counts as the law in force. Finally, through its interpretative and systematising, doctrine-developing interventions, legal scholarship, too, impacts the contents of the momentary legal order.

Type
Chapter
Information
Properties of Law
Modern Law and After
, pp. 115 - 124
Publisher: Cambridge University Press
Print publication year: 2021

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  • Legal Discourse
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.008
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  • Legal Discourse
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Legal Discourse
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.008
Available formats
×