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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Definition of Law

ISBN13: 9781107429505
Published: September 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £19.99

Despatched in 7 to 9 days.

Originally intended as an introduction to a larger, unfinished work, and published as a monograph in 1958, this volume contains the opinions of the great jurist Hermann Kantorowicz on various fundamental questions of law and the bounds of legal science.

Kantorowicz considers the differences between law and morality and attempts to answer the question, 'What is law?' This book will be of value to legal historians and anyone with an interest in legal sciences.

Preface A. H. Campbell
Introduction A. L. Goodhart

Part I. On Definitions in General:
1. The wrong method (verbal realism)
2. The right method (conceptual pragmatism)

Part II. Definitions of Law:
1. Usefulness of a broad definition
2. Some useless criteria

Part III. Law and Nature:
1. 'A body of rules'
2. Rules and the 'ought'
3. Dualism of facts and rules
4. Collective habits
5. Commands, precepts, dogmas
6. Rights and duties: rules actualized

Part IV. Law and Morals:
1. Legal and moral rules
2. Law: 'prescribing external conduct'
3. Externality in justice and quasi-morality

Part V. Law 'Considered Justiciable':
1. Externality of social custom
2. Alleged criteria of law and social custom
3. Rationalization in law and social custom
4. Judicial organs and definiteness of procedure
5. Law: 'considered justiciable'
6. Anthropological confirmation
7. Border-line cases