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Institutions Of Law

Author: Neil MacCormick
Publisher: OUP Oxford
ISBN: 019102175X
Size: 77.36 MB
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Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides 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. It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.

Maccormick S Scotland

Author: Neil Walker
Publisher: Edinburgh University Press
ISBN: 0748649301
Size: 67.40 MB
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A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

Law As Institutional Normative Order

Author: Maksymilian Del Mar
Publisher: Routledge
ISBN: 1317107713
Size: 49.94 MB
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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.

Eu External Relations And Systems Of Governance

Author: Paul James Cardwell
Publisher: Routledge
ISBN: 1135268460
Size: 38.32 MB
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This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Paul James Cardwell takes the Euro-Mediterranean Partnership (EuroMed) as a case study. Not initially a CFSP project, EuroMed has become the frame for EU foreign policy in the region as an emerging system of governance in which the EU institutions play a central role. Having recently been relaunched as the Barcelona Process: Union for the Mediterranean, it is a topical subject. With the increasing importance of migration on the EU’s agenda, the book looks at the relationship between migration, EuroMed and the CFSP and argues that the legal effects of the CFSP can be felt beyond the Treaty-based instruments. EU External Relations and Systems of Governance will be of interest to students and scholars of Law, Politics and European studies researching in the dynamic fields of EU external relations and foreign policy, as well as policy-makers and non-governmental organisations striving to better understand how the EU and its systems of governance operate.

The Autonomy Of Law

Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198267904
Size: 70.18 MB
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This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality? These and other questions are addressed by the authors of this carefully edited collection, which will beof interest to all lawyers and scholars interested in legal philosophy.

Reine Rechtslehre

Author: Hans Kelsen
Publisher: Mohr Siebeck
ISBN: 9783161497032
Size: 67.96 MB
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Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.

The Opposite Mirrors

Author: E. Lagerspetz
Publisher: Springer Science & Business Media
ISBN: 9401734097
Size: 52.61 MB
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How do social institutions exist? How do they direct our conduct? The Opposite Mirrors defends the thesis that the existence of institutions is a conventional matter. Ultimately they exist because we believe in their existence, and because they play a role in our practical reasoning. Human action necessarily has an unpredictable aspect; human institutions perform an important task by reducing uncertainty in our interactions. The author applies this thesis to the most important institutions: the law and the monetary system. In his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences in a new way. He discusses the nature of rules, authority, and power and analyzes the Hobbesian presuppositions which have been dominant in legal theory and in the economic analyses of the state. The book is written for legal theorists as well as for political and social philosophers, and theoretically oriented social scientists.

The Law In Philosophical Perspectives

Author: Luc Wintgens
Publisher: Springer Science & Business Media
ISBN: 9780792357964
Size: 69.60 MB
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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Rights And Reason

Author: Marilyn Friedman
Publisher: Springer Science & Business Media
ISBN: 9401594031
Size: 62.19 MB
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The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.