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Vol 23 No 6 June/July 2018

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The Legal System: Between Order and Disorder

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Francois OstProfessor of Law in the Facultes Universitaires Saint-Louis, Brussels, Belgium);van de Kerchove, Michel (Professor of Law in the Facultes Universitaires Saint-Louis, Brussells, Belgium

ISBN13: 9780198256922
ISBN: 0198256922
Published: May 1996
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £92.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This is a translation of a French text, this book asks two core inter-related questions. The first is: how have legal philosophers systematized law, and what types of assumptions have been made in undertaking this task? Second, in what sense is the law a system and how is it maintained as such? In answering the first question the book surveys and analyzes the theories of a number of European legal philosophers and in answering the second, the authors put forward their own theories.

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Part 1 General problematic: interest in the concept of system for the study of law; epistemological orientations; perspectives opened up by investigation of systems; two precursors - Kelsen and Hart.
Part 2 Elements of a legal system: legal norms; concepts, institutions, branches of law, general principles or values; heterogenicity of the elements of a legal system.
Part 3 Relations among the elements of a legal system: the different types of systematicity; the different forms of systematization.
Part 4 The legal system and its environment: legal system and autopoiesis; legal system and social order - the functions of law; legal system and social order - infra-law; legal system and change; legal system and non-legal normative systems; relations between different legal systems.
Part 5 The legal system and temporality: genesis of juridicity and systematicity; diachronic perspective - the emergence of formal and institutional systems; synchronic perspective - ""families"" of legal systems; conditions of survival of a legal system; the multiple temporalities of legal systems; legal temporalities and levels of organization of systems.