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The End of Law - How Law's Claims Relate to Law's Aims (Hardcover)
Loot Price: R2,577
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The End of Law - How Law's Claims Relate to Law's Aims (Hardcover)
Series: Elgar Studies in Legal Theory
Expected to ship within 12 - 17 working days
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Augustine posed two questions that go to the heart of the nature of
law. Firstly, what is the difference between a kingdom and a band
of robbers? Secondly, is an unjust law a law at all? These two
questions force us to consider whether law is simply a means of
social control, distinguished from a band of robbers only by its
size, or whether law is a social institution justified by its
orientation towards justice. The End of Law applies Augustine's
questions to modern legal philosophy as well as offering a critical
theory of natural law that draws on Augustine's ideas. McIlroy
argues that such a critical natural law theory is realistic but not
cynical about law's relationship to justice and to violence, can
diagnose ways in which law becomes deformed and pathological, and
indicates that law is a necessary but insufficient instrument for
the pursuit of justice. Positioning an examination of Augustine's
reflections on law in the context of his broader thought, McIlroy
presents an alternative approach to natural law theory, drawing
from critical theory, postmodern thought, and political theologies
in conversation with Augustine. This insightful book will be
fascinating reading for law students and legal philosophers seeking
to understand the perspective and commitments of natural law theory
and the significance of Augustine. Readers with an interest in
interdisciplinary approaches to legal theory will also find this
book a stimulating read.
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