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The Legal Relation: Legal Theory after Legal Positivism


ISBN13: 9781316648001
Published: October 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £29.99



Low stock.

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another.

We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as "character masks" (Marx), for example, as "buyer" and "seller" or "landlord" and "tenant". We expect to have our claims respected simply because the law has given us rights.

We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Subjects:
Jurisprudence
Contents:
Introduction. The pursuit of theory
1. Late legal positivism
2. Legality and irony
3. Legal science and the common law
4. The legal relation
5. Equality, freedom and dignity
6. The quest for agency.

Series: Cambridge Introductions to Philosophy and Law

Enforcing Morality ISBN 9781009363761
Published November 2023
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£25.99
What Makes Law: An Introduction to the Philosophy of Law ISBN 9780521834278
Published September 2014
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What Makes Law: An Introduction to the Philosophy of Law ISBN 9780521542197
Published September 2014
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£24.99
Contract Law: Rules, Theory, and Context ISBN 9780521850469
Published April 2013
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£54.00
Contract Law: Rules, Theory, and Context ISBN 9780521615532
Published April 2013
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£25.99
An Introduction to Property Theory ISBN 9780521113656
Published June 2012
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£68.00
An Introduction to Property Theory ISBN 9780521130608
Published June 2012
Cambridge University Press
£23.99
An Introduction to Rights 2nd ed ISBN 9781107648197
Published May 2012
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£21.99
Normative Jurisprudence: An Introduction ISBN 9780521738293
Published November 2011
Cambridge University Press
£24.99