Law As Institution

Author : Massimo La Torre
Publisher : Springer Science & Business Media
Page : 274 pages
File Size : 54,7 Mb
Release : 2010-08-13
Category : Philosophy
ISBN : 9781402066078

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Law as Institution by Massimo La Torre Pdf

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.

Author : Ota Weinberger
Publisher : Springer Science & Business Media
Page : 302 pages
File Size : 52,7 Mb
Release : 1991-03-31
Category : Philosophy
ISBN : 0792311434

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Law, Institution and Legal Politics by Ota Weinberger Pdf

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.

Author : Glenn Morgan,John Campbell,Colin Crouch,Ove Kaj Pedersen,Richard Whitley
Publisher : OUP Oxford
Page : 728 pages
File Size : 41,9 Mb
Release : 2010-04-08
Category : Business & Economics
ISBN : 9780191613630

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The Oxford Handbook of Comparative Institutional Analysis by Glenn Morgan,John Campbell,Colin Crouch,Ove Kaj Pedersen,Richard Whitley Pdf

It is increasingly accepted that 'institutions matter' for economic organization and outcomes. The last decade has seen significant expansion in research examining how institutional contexts affect the nature and behaviour of firms, the operation of markets, and economic outcomes. Yet 'institutions' conceal a multitude of issues and perspectives. Much of this research has been comparative, and followed different models such as 'varieties of capitalism', 'national business systems', and 'social systems of production'. This Handbook explores these issues, perspectives, and models, with the leading scholars in the area contributing chapters to provide a central reference point for academics, scholars, and students.

Author : D.W. Ruiter
Publisher : Springer Science & Business Media
Page : 228 pages
File Size : 46,9 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401597654

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Legal Institutions by D.W. Ruiter Pdf

Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.

Author : Gunther Teubner
Publisher : Walter de Gruyter GmbH & Co KG
Page : 352 pages
File Size : 42,7 Mb
Release : 2020-10-26
Category : Law
ISBN : 9783112329887

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Dilemmas of Law in the Welfare State by Gunther Teubner Pdf

No detailed description available for "Dilemmas of Law in the Welfare State".

Author : Julie Fraser
Publisher : Cambridge University Press
Page : 339 pages
File Size : 44,9 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781108489577

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Social Institutions and International Human Rights Law by Julie Fraser Pdf

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Author : Karl Renner
Publisher : Transaction Publishers
Page : 336 pages
File Size : 49,9 Mb
Release : 2009-11-01
Category : Business & Economics
ISBN : 9781412837415

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The Institutions of Private Law by Karl Renner Pdf

Author : N. MacCormick,Ota Weinberger
Publisher : Springer Science & Business Media
Page : 242 pages
File Size : 45,9 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401577274

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An Institutional Theory of Law by N. MacCormick,Ota Weinberger Pdf

Author : E. Ann Black,Gary F. Bell
Publisher : Cambridge University Press
Page : 429 pages
File Size : 51,7 Mb
Release : 2011-03-10
Category : Law
ISBN : 9781139495837

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Law and Legal Institutions of Asia by E. Ann Black,Gary F. Bell Pdf

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Author : Peter Morton
Publisher : Oxford University Press
Page : 442 pages
File Size : 49,9 Mb
Release : 1998
Category : Institutions (Philosophy)
ISBN : 0198258259

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An Institutional Theory of Law by Peter Morton Pdf

Modern law is to be understood as comprising norms which are implicated in particular forms of life which -- animated by the modern values of individualism -- have emerged in democratic polities. Failure to understand the nature of such fundamental institutional forms as 'society' and 'state',and of the need to appraise the central institutions of the democractic polity against the demands of legitimacy, has had serious consequences for political and legal theory in recent times. In An Institutional Theory of Law, Morton provides a fundamental philosophical critique of the assumptions ofpositivist jurisprudence and an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law -- penal, civil, and public -- taking as his starting point the careful analysis of the institutions in a democracy within whichlegal language and norms are generated. Offering an original, coherent and systematic exposition of law in society today, Peter Morton sheds new, important light on legal practices and relations through comparison with an ideal type of legal system. With this book, Peter Morton offers readers a major contribution to our understanding oflaw in society in the 1990s. As such it will be of great interest to scholars of legal theory, political science, and political constitution.

Author : Neil K. Komesar
Publisher : University of Chicago Press
Page : 304 pages
File Size : 42,7 Mb
Release : 1997-01-15
Category : Law
ISBN : 0226450899

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Imperfect Alternatives by Neil K. Komesar Pdf

Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.

Author : Maksymilian Del Mar
Publisher : Routledge
Page : 216 pages
File Size : 55,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317107712

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Law as Institutional Normative Order by Maksymilian Del Mar Pdf

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.

Author : Peter M. Gerhart
Publisher : Cambridge University Press
Page : 289 pages
File Size : 49,8 Mb
Release : 2010-04-19
Category : Law
ISBN : 9781139489218

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Tort Law and Social Morality by Peter M. Gerhart Pdf

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

Author : Rhiannon Morgan
Publisher : Routledge
Page : 214 pages
File Size : 54,7 Mb
Release : 2016-02-24
Category : Political Science
ISBN : 9781317007579

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Transforming Law and Institution by Rhiannon Morgan Pdf

In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

Author : Hitoshi Nasu,Rob McLaughlin,Donald R. Rothwell,See Seng Tan
Publisher : Cambridge University Press
Page : 323 pages
File Size : 45,5 Mb
Release : 2019-04-25
Category : Law
ISBN : 9781108705653

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The Legal Authority of ASEAN as a Security Institution by Hitoshi Nasu,Rob McLaughlin,Donald R. Rothwell,See Seng Tan Pdf

Provides a fresh perspective on ASEAN's role for regional security in Southeast Asia.