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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Institutions of Law: An Essay in Legal Theory (eBook)


ISBN13: 9780191021756
Published: February 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £21.66 + £4.33 VAT
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This book marks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order'

Using the framework of 'institutional normative order', MacCormick provides a rigorous analysis of the role of law in our society and understanding, showing how law creates the conditions for social peace and a functioning economy

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.

Subjects:
Jurisprudence, eBooks

Series: Law, State, and Practical Reason

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Practical Reason in Law and Morality (eBook) ISBN 9780191021473
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Practical Reason in Law and Morality ISBN 9780198268772
Published January 2009
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Institutions of Law: An Essay in Legal Theory ISBN 9780199535439
Published February 2008
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£27.49
Institutions of Law: Law, State and Practical Reason ISBN 9780198267911
Published January 2007
Oxford University Press
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Rhetoric and The Rule of Law: A Theory of Legal Reasoning ISBN 9780198268789
Published August 2005
Oxford University Press
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Questioning Sovereignty ISBN 9780199253302
Published October 2002
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Questioning Sovereignty ISBN 9780198268765
Published February 2000
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