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A Basic Classification of Legal Institutions
Author(s) -
Ruiter Dick W. P.
Publication year - 1997
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00066
Subject(s) - analogy , social reality , order (exchange) , relation (database) , social institution , sociology , epistemology , legal realism , law , political science , legal research , computer science , social science , business , philosophy , finance , database
The author offers a general definition of legal institutions. A distinction between institutional legal concepts, legal institutions and social institutions makes it possible to define legal institutions as systems of valid presentations of what must occur in social reality in order that the former can be said also to exist as social institutions. Weinberger's idea, that the relation of legal institutions (practical information) to reality is the exact reverse of that between propositions (theoretical information) and reality, is subsequently used in developing a basic classification of legal institutions by analogy with the traditional division of elements of singular propositions in definite descriptions, properties and relations.