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Knowing What the Law Is: Legal Theory in a New Key


ISBN13: 9781509951291
Published: September 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.

The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.

Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.

Subjects:
Jurisprudence
Contents:
1. Legal Knowledge
2. Mild and Wild Formalism
3. American Legal Realism
4. Modern Legal Positivism
5. The Demise of Modern Legal Positivism
6. Objective Spirit
7. Rupture
8. The Legal Relation
Bibliography
Index