A Conceptual Scheme of the Legal Process
Systematic conceptual schemes have been devised for analyzing psychological,1 sociological,2 and political 3 phenomena. These schemes reveal gaps in the literature and thereby generate hypotheses as did Mendelyeev's periodic table of chemical elements. They also provide categories for integrating empirically tested propositions. It is the purpose of this short chapter to present a modest conceptual scheme of the legal process.
Legal policies represent the heart of the legal process. Such policies may be made by judicial, legislative, or administrative policymakers. They may involve substance or procedure and any field of public law (government-to-citizenship and government-to-government relations) or private law (citizen-to-citizen relations). They may represent a response to prior stimuli, or they may represent stimuli to subsequent responses.
The prior stimuli that bring about legal policies consist of normative standards of right and wrong and of empirical facts. The normative standards consist of legal norms promulgated by governmental bodies and nonlegal norms that are not so promulgated. The legal norms are embodied in constitutions, statutes, administrative regulations, judge- made law, and administrative adjudications depending on the nature____________________