The unsteady state : general jurisprudence for dynamic social phenomena
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Bibliographic Information
The unsteady state : general jurisprudence for dynamic social phenomena
Cambridge University Press, 2017
- : hardback
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Includes bibliographical references and index
Description and Table of Contents
Description
Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory.
Table of Contents
- Introduction
- Part I. Preparing Analytical Theory for New Challenges: 1. Pulling off the mask of law: a renewed research agenda for analytical legal theory
- 2. Making old questions new: legality, legal system, and state
- 3. Legal systems and presumptions of unity and validity
- 4. The elements of legal order
- Part II. Law, Environment, Security, and Technology: 5. Globalization, the predictions of legality, and law's relation to environment
- 6. Legality, security, and Leviathan's ghost
- 7. Information communication technologies and legal theory
- 8. Beyond the unsteady state.
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