Capabilities, Powers and Competences

Jaap Hage*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

The article tries to articulate the distinction between powers and competences. Moreover, it also aims to embed these notions in social ontology and the theory of actions. The argument of the first part is bottom-up: it starts with a discussion of actions and capabilities to act and defines powers as capabilities to act. Then follows a brief discussion of juridical acts, as the performance of juridical acts is one important way to exercise powers. The power to bring about legal consequences by means of a juridical act, the legal power, is a special case of power in the broader sense. Legal competence is a legal status which is necessary for the existence of legal powers. The second part consists of a number of applications of the theory about competences and powers that was developed in the first part. These applications are also used for distinguishing my view from other views.
Original languageEnglish
Title of host publicationLegal Power and Legal Competence
Subtitle of host publicationMeaning, Normative, Officials and Theories
EditorsGonzalo Villa-Rosas, Torben Spaak
Place of PublicationCham
PublisherSpringer International Publishing AG
Pages25-45
Number of pages21
ISBN (Electronic)978-3-031-28555-4
ISBN (Print)978-3-031-28554-7
DOIs
Publication statusPublished - 1 Jan 2023

Publication series

SeriesLaw and Philosophy Library
Volume140
ISSN1572-4395

Keywords

  • Capability
  • Competence
  • Juridical act
  • Power

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