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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Legal Norms & Normativity: An Essay in Geneology

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ISBN13: 9781841134550
ISBN: 1841134554
Published: October 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £45.00



Low stock.

The idea of a "legal norm" is traditionally associated with two characteristic features. On the one hand, legal norms purport to bind us, and they must be minimally successful in that endeavour if they are to exist as a "legal system". On the other hand, legal systems are social artifacts, and the legal norms composing them are made by men and women, according to the accidents of history. For most medieval philosophers the natural law model explained the apparent arbitrariness of law-making practices as being driven by a higher order of necessity (be it God's or Nature's) reflected in Natural Laws.

Then, in the 16th Century, Montaigne questioned the natural law model by asking how law can have the authority it claims to have, and bind us, if it emerges from social practices whose sole necessity is to address the contingent needs and desires of a certain group of people, more or less representative of the rest of the population? This book offers a "genealogical" explanation of law's normativity. The term "genealogical" conveys a commitment to a non-metaphysical type of enquiry.

While it seeks to explain how law, as a normative phenomenon, came about, it does not wish to ground law's normativity in anything but the context of social interaction giving rise to it. This "genealogical endeavour" differs from a reductive, or morally nihilistic enterprise (following Nietzsche) in that it builds on recent developments in ethical theory, attempting to make sense of the social contingency of moral values.

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Subjects:
Jurisprudence
Contents:
I Recoiling Strategies
1. Montaigne
2. Kelsen
3. Hart

II A Genealogical Endeavour
4. The Method
5. The Story
6. Conclusion

Series: Legal Theory Today

Law After Modernity ISBN 9781841130293
Published April 2013
Hart Publishing
£55.00
Law After Modernity (eBook) ISBN 9781782251200
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
Hart Publishing
£49.99
Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£26.66 + £5.33 VAT
(ePub)
Buy
Answering for Crime: Responsibility and Liability in The Criminal Law ISBN 9781849460330
Published September 2009
Hart Publishing
£31.99
Answering for Crime: Responsibility and Liability in the Criminal Law ISBN 9781841137537
Published November 2007
Hart Publishing
£65.00
£31.99
Consent in the Law ISBN 9781841136790
Published January 2007
Hart Publishing
£65.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
Hart Publishing
£29.99
A Sociology of Jurisprudence ISBN 9781841135984
Published February 2006
Hart Publishing
£22.99
Risks and Legal Theory ISBN 9781841130897
Published April 2004
Hart Publishing
£45.00
Risks and Legal Theory ISBN 9781841130903
Published April 2004
Hart Publishing
£19.99
Law and Aesthetics ISBN 9781841132433
Published June 2001
Hart Publishing
£50.00
Law and Aesthetics ISBN 9781841130262
Published June 2001
Hart Publishing
£21.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132310
Published June 2001
Hart Publishing
£20.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132303
Published June 2001
Hart Publishing
£50.00
Evaluation and Legal Theory ISBN 9781841130811
Published June 2001
Hart Publishing
£25.99
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130347
Published January 2000
Hart Publishing
£50.00
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130286
Published January 2000
Hart Publishing
£21.99