The type theory of law

Marko Novák

pp. 99-113

in: Marko Novák, The type theory of law, Berlin, Springer, 2016

Abstract

In this chapter I add a fourth dimension to the classical three-dimensional theory of law, namely feeling, and discuss its role in today's law, particularly when it extends to the area of alternative dispute resolution. Furthermore, in the continuation of this chapter I elaborate upon the major elements of what I call the type theory of law and then explain why I consider it to be a general and descriptive theory rather than a normative theory. I conclude the book by presenting the essential elements of a theoretical model of the type theory of law, and then demonstrating how it could be applied in the context of a controversial social, political, and legal issue which arose in an EU country in the area of constitutional law.