MacCormick's general theory of law finds his most detailed expression in Institutions of Law. This book...is an elucidation of the concept of law as a kind of institutional normative order realised prominently...in the modern state.

Cristobal Orrego, University of the Andes, Chile, Jurisprudence

Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
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Offers an account of the nature of law and legal systems in the contemporary world. This book is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of controversies but does not get bogged down in them. It takes account of developments in the sociology of law, particularly 'system theory'.
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Preface ; Acknowledgements ; PART I: NORM, INSTITUTION AND ORDER ; 1. On Normative Order ; 2. On Institutional Order ; 3. Law and the Constitutional State ; 4. A Problem: Rules or Habits? ; PART II: LEGAL POSITIONS AND RELATIONS ; 5. On Persons ; 6. Wrongs and Duties ; 7. Rights and Obligations ; 8. Legal Relations and Things: Property ; 9. Legal Powers and Validity ; PART III: LAW STATE AND CIVIL SOCIETY ; 10. Powers and Public Law: Law and Politics ; 11. Constraints on Power: Fundamental Rights ; 12. Criminal Law and Civil Society: Law and Morality ; 13. Private Law and Civil Society: Law and Economy ; PART IV: LAW, VALUE AND METHOD ; 14. Positive Law and Moral Autonomy ; 15. On Law and Justice ; 16. Laws and Values: Reflections on Method
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This book marks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order' Using the framework of 'institutional normative order', MacCormick provides a rigorous analysis of the role of law in our society and understanding, showing how law creates the conditions for social peace and a functioning economy
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The late Professor Sir Neil MacCormick was the Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh
This book marks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order' Using the framework of 'institutional normative order', MacCormick provides a rigorous analysis of the role of law in our society and understanding, showing how law creates the conditions for social peace and a functioning economy
Les mer

Produktdetaljer

ISBN
9780198267911
Publisert
2007
Utgiver
Vendor
Oxford University Press
Vekt
650 gr
Høyde
240 mm
Bredde
160 mm
Dybde
25 mm
Aldersnivå
UU, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
336

Forfatter

Om bidragsyterne

The late Professor Sir Neil MacCormick was the Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh