The unsteady state : general jurisprudence for dynamic social phenomena

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書誌事項

The unsteady state : general jurisprudence for dynamic social phenomena

Keith Culver, Michael Giudice

Cambridge University Press, 2017

  • : hardback

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

  • 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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