Institutions of law : an essay in legal theory
Author(s)
Bibliographic Information
Institutions of law : an essay in legal theory
Oxford University Press, 2008
- : pbk
- Other Title
-
Institutions of law : an essay in legal theory : law, state, and practical reason
Available at 5 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
"First published 2007, first published in paperback 2008"--T.p. verso
Includes bibliographical references and indexes
Description and Table of Contents
Description
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.
Table of Contents
- Preface
- Acknowledgements
- PART I: NORM, INSTITUTION AND ORDER
- 1. On Normative Order
- 2. On Institutional Order
- 3. Law and the Constitutional State
- 4. A Problem: Rules or Habits?
- PART II: LEGAL POSITIONS AND RELATIONS
- 5. On Persons
- 6. Wrongs and Duties
- 7. Rights and Obligations
- 8. Legal Relations and Things: Property
- 9. Legal Powers and Validity
- PART III: LAW STATE AND CIVIL SOCIETY
- 10. Powers and Public Law: Law and Politics
- 11. Constraints on Power: Fundamental Rights
- 12. Criminal Law and Civil Society: Law and Morality
- 13. Private Law and Civil Society: Law and Economy
- PART IV: LAW, VALUE AND METHOD
- 14. Positive Law and Moral Autonomy
- 15. On Law and Justice
- 16. Laws and Values: Reflections on Method
by "Nielsen BookData"