Dear Joao,
I think this is highly relevant. Could you point to some sources? I'd
like to put all that legal stuff into a CRM extension, may be social
history is the right framework? To be discussed in the next meeting.
All the best,
Martin
On 8/22/2017 1:20 PM, João Oliveira Lima wrote:
Dear Christian-Emil and Robert,
Perhaps the Institutional Theory of Law has ideas to come up with an
answer to your question and to the question that started this thread.
Influenced by the Philosophy of Language, by J. Searle and J. Austin,
the legal neo-institutionalism brought new light to the concept of
"legal institution". According to Neil MacComick, "a 'institution of
law' is a legal concept which are regulated by sets of institutive,
consequential and terminative rules" ("Enn Normative Description" isA
"E29 Design of Procedure") "with the effect that instances of them are
properly said to exist over a period of time, from the occurrence of
an institutive act or event until the occurrence of a terminative act
or event" (so, "Enn Legal Institution" is a "E4 Period").
The term "right" has a semantic overload. It is necessary to
differentiate "right-claim/duty" as an atomic relation between two
people (in the hohfeldian sense) as well as "right" as an instance of
a legal institution (ex: property right). Property right consists of a
bunch of atomic rights (claims, power, immunity, privileges).
Kind Regards,
João Alberto de Oliveira Lima
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