Law As Institutional Normative Order
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Law As Institutional Normative Order
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Author : Maksymilian Del Mar
language : en
Publisher: Routledge
Release Date : 2016-04-22
Law As Institutional Normative Order written by Maksymilian Del Mar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
MacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world, all of whom are familiar with MacCormick’s work, this collection provides a cutting edge account of the book’s significance.
Law As Institutional Normative Order
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Author : Maksymilian Del Mar
language : en
Publisher:
Release Date : 2009
Law As Institutional Normative Order written by Maksymilian Del Mar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Jurisprudence categories.
Institutions Of Law
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Author : Neil MacCormick
language : en
Publisher: OUP Oxford
Release Date : 2007-01-11
Institutions Of Law written by Neil MacCormick and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-11 with Law categories.
Institutions of Law presents the definitive statement of Sir Neil MacCormick's well-known 'institutional' theory of law, defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law.
Law As Institution
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Author : Massimo La Torre
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-08-13
Law As Institution written by Massimo La Torre and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-13 with Philosophy categories.
This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
An Institutional Theory Of Law
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Author : N. MacCormick
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
An Institutional Theory Of Law written by N. MacCormick and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Philosophy categories.
Self Sufficiency Of Law
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Author : Mariano Croce
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-06-02
Self Sufficiency Of Law written by Mariano Croce and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-02 with Law categories.
The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the ‘normative facts’ of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the “normative facts” of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of study—legal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.
Law And Democracy In Neil Maccormick S Legal And Political Theory
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Author : Agustín José Menéndez
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-29
Law And Democracy In Neil Maccormick S Legal And Political Theory written by Agustín José Menéndez and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-29 with Philosophy categories.
This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
A Philosophical Reconsideration Of Aspects Of The Global Legal Order
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Author : John Linarelli
language : en
Publisher:
Release Date : 2015
A Philosophical Reconsideration Of Aspects Of The Global Legal Order written by John Linarelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Ethical problems categories.
Some of the most pressing challenges in moral and political philosophy have to do with identifying the moral principles relevant to global law and politics. A related challenge is one for legal philosophy: how to identify and elucidate the features of legal order as it transitions from existing as primarily an institutional normative order of the state to a globally distributed hierarchy of norms. The core claim of this dissertation is that the contemporary notion of the international law, historically contingent as it is and embedded in an idea of the modern state in the process of change, has to be fundamentally re-worked, both descriptively and normatively. From the standpoint of description, the prevailing concept of international law itself does not adequately capture what is happening in institutional normative ordering at the global level. From the standpoint of normative theory, international law is in need of a focus away from sovereign equality and towards human equality, a move away from Hobbesian justification based on power and bargain and towards Kantian justification based on impartiality and reasonable acceptance. In addition, political philosophy has to adapt to deal with the way that law makes claims on persons both within and outside of states, regardless of its formal designation as international or domestic law. These claims place the dissertation squarely within the two principal methods of legal philosophy, analytical jurisprudence and moral theorizing about the law, a branch of political philosophy but often labeled by legal philosophers as normative jurisprudence. The chapters in this dissertation deal with these themes, as they have previously been explored in my publications.
Law Institution And Legal Politics
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Author : Ota Weinberger
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Law Institution And Legal Politics written by Ota Weinberger and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Legality S Borders
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Author : Keith Culver
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-04-08
Legality S Borders written by Keith Culver and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-08 with Law categories.
This text explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterize in terms of the kinds of norms they use rather than their content or system-membership.