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Author : Neil MacCormick
Publisher : Unknown
Page : 44 pages
File Size : 55,5 Mb
Release : 1973
Category : Law
ISBN : STANFORD:36105036889546
Author : N. MacCormick,Ota Weinberger
Publisher : Springer Science & Business Media
Page : 242 pages
File Size : 40,5 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401577274
Author : Peter Morton
Publisher : Oxford University Press
Page : 442 pages
File Size : 46,7 Mb
Release : 1998
Category : Institutions (Philosophy)
ISBN : 0198258259
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 : Maksymilian Del Mar
Publisher : Routledge
Page : 216 pages
File Size : 40,5 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317107712
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 : Massimo La Torre
Publisher : Springer Science & Business Media
Page : 276 pages
File Size : 40,8 Mb
Release : 2010-08-13
Category : Philosophy
ISBN : 9781402066078
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 : D.W. Ruiter
Publisher : Springer Science & Business Media
Page : 256 pages
File Size : 48,7 Mb
Release : 2013-03-09
Category : Philosophy
ISBN : 9789401581981
Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. This conception, however, is unable to account for a variety of elements of modern legal systems that differ significantly from the classical notions. This book concerns the problem of which results of human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. He sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.
Author : Ota Weinberger
Publisher : Springer Science & Business Media
Page : 289 pages
File Size : 54,7 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401134583
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 : D.W. Ruiter
Publisher : Springer Science & Business Media
Page : 248 pages
File Size : 45,8 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401597654
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 : Mariano Croce
Publisher : Springer Science & Business Media
Page : 239 pages
File Size : 44,6 Mb
Release : 2012-06-02
Category : Law
ISBN : 9789400742987
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.
Author : Savas L. Tsohatzidis
Publisher : Springer Science & Business Media
Page : 224 pages
File Size : 51,6 Mb
Release : 2007-06-17
Category : Science
ISBN : 9781402061042
Ten original essays examine the central themes of John Searle’s ontology of society. Written by an international team of philosophers and social scientists, the essays contribute to a deeper understanding of Searle’s work. Moreover, these essays open the door to new approaches to addressing fundamental questions about social phenomena. This book also features a new essay by Searle himself that summarizes and further develops his work.
Author : Neil MacCormick
Publisher : OUP Oxford
Page : 334 pages
File Size : 54,9 Mb
Release : 2007-01-11
Category : Law
ISBN : 9780191021756
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.
Author : Karl Olivecrona
Publisher : Hassell Street Press
Page : 236 pages
File Size : 53,7 Mb
Release : 2021-09-09
Category : Law
ISBN : 101330814X
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Maksymilian Del Mar
Publisher : Routledge
Page : 234 pages
File Size : 43,5 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317107705
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 : Henrik Palmer Olsen,Stuart Toddington
Publisher : Routledge
Page : 243 pages
File Size : 55,7 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317178897
Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.
Author : Raimo Siltala
Publisher : Springer Science & Business Media
Page : 296 pages
File Size : 53,9 Mb
Release : 2011-07-29
Category : Law
ISBN : 9789400718722
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
