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Vol 21 No 11 Nov/Dec 2016

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The Concept of Law from a Transnational Perspective

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ISBN13: 9780754674689
Published: May 2010
Publisher: Ashgate Publishing Ltd
Country of Publication: Uk
Format: Hardback
Price: £95.00



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This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The respective strengths of each tradition can thus be used to elucidate the phenomenon in question. The work explores the underlying question of how current phenomena of transnational law are best understood by legal theory. The traditions dealt with are, on the one hand, Jürgen Habermas's critical theory and, on the other, H. L. A. Hart's analytic jurisprudence. The thesis is that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-centered and must reflect relationships to other legal systems.

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Subjects:
Jurisprudence