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Vol 21 No 11 Nov/Dec 2016

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Institutions of Law: Law, State and Practical Reason


ISBN13: 9780198267911
Published: January 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780199535439



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
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 ;

Series: Law, State, and Practical Reason

Practical Reason in Law and Morality ISBN 9780199693467
Published April 2011
Oxford University Press
£25.49
Rhetoric and The Rule of Law: A Theory of Legal Reasoning ISBN 9780199571246
Published September 2009
Oxford University Press
£29.49
Rhetoric and The Rule of Law: A Theory of Legal Reasoning (eBook) ISBN 9780191018787
Published September 2009
Oxford University Press
£23.32 + £4.66 VAT
(ePub)
Buy
Practical Reason in Law and Morality ISBN 9780198268772
Published January 2009
Oxford University Press
£59.00
Practical Reason in Law and Morality (eBook) ISBN 9780191021473
Published January 2009
Oxford University Press
£21.24 + £4.25 VAT
(ePub)
Buy
Institutions of Law: An Essay in Legal Theory ISBN 9780199535439
Published February 2008
Oxford University Press
£27.49
Institutions of Law: An Essay in Legal Theory (eBook) ISBN 9780191021756
Published February 2008
Oxford University Press
£21.66 + £4.33 VAT
(ePub)
Buy
Rhetoric and The Rule of Law: A Theory of Legal Reasoning ISBN 9780198268789
Published August 2005
Oxford University Press
Price on Application
Questioning Sovereignty ISBN 9780199253302
Published October 2002
Oxford University Press
£33.99
Questioning Sovereignty ISBN 9780198268765
Published February 2000
Oxford University Press
£67.00