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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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A Sociology of Jurisprudence


ISBN13: 9781841135984
ISBN: 1841135984
Published: February 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £22.99



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Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system.

In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice.

The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and Critical Legal Studies.

This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.

Subjects:
Jurisprudence
Contents:
Preface
Chapter 1.Locating jurisprudence sociologically
Chapter 2.Understanding closure
Chapter 3.A sociological understanding of natural law and common law theory: constructing the conditions for legal positivism
Chapter 4.Laws justice: beyond Dworkin
Chapter 5.Laws closure: beyond Kelsen
Chapter 6.Laws politics: criticising Critical Legal Studies
Chapter 7.Law as sociological object
Bibliography
Index

Series: Legal Theory Today

Law After Modernity (eBook) ISBN 9781782251200
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Law After Modernity ISBN 9781841130293
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Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
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£49.99
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
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£41.66 + £8.33 VAT
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Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£26.66 + £5.33 VAT
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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
Legal Norms & Normativity: An Essay in Geneology ISBN 9781841134550
Published October 2006
Hart Publishing
£45.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
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£29.99
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
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£21.99
Evaluation and Legal Theory ISBN 9781841130811
Published June 2001
Hart Publishing
£25.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132303
Published June 2001
Hart Publishing
£50.00
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 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