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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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Law as Institution (Paperback, 2010 ed.)
Loot Price: R2,651
Discovery Miles 26 510
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Law as Institution (Paperback, 2010 ed.)
Series: Law and Philosophy Library, 90
Expected to ship within 18 - 22 working days
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This book - which is the result of several years of research,
discussion, writing and re-writing - consists of three parts and
eight chapters. The rst part is given by the two rst chapters
introducing the issue of validity and facticity in law. The second
part (Chapters 3, 4 and 5) is the core of this study and tries to
present a theory based on a speci c view about language and social
practice. The third part deal with the issue of value judgments and
views about morality and consists of Chapters 6 and 7. Chapter 8
should nally serve as epilogue. In the rst chapter a discussion is
started about the relationship between law and power, seen as a
presupposition for an assessment of the nature of law. As a matter
of fact, as has been remarked, "general theories of law struggle to
do justice to the 1 multiple dualities of the law". Indeed, law has
a "dual nature": it is a fact, but it also a norm, a sort of ideal
entity. Law is sanction, but it is also discourse. It is
effectivity, or facticity, but it is also a vehicle of principles
among which the central one is justice. But this duality is not
only a phenomenological, or a matter of justi cation and
implementation as two separate moments.
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