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Social Construction of Law - Potential and Limits (Hardcover)
Loot Price: R2,267
Discovery Miles 22 670
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Social Construction of Law - Potential and Limits (Hardcover)
Series: Elgar Studies in Legal Theory
Expected to ship within 12 - 17 working days
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This illuminating book explores the theme of social constructionism
in legal theory. It questions just how much freedom and power
social groups really have to construct and reconstruct law. Michael
Giudice takes a nuanced approach to analyse what is true and what
is false in the view that law is socially constructed. He draws on
accounts of European Union law as well as Indigenous legal orders
in North America to demonstrate the contingency of particular
concepts of law. Utilising evidence from a range of social and
natural sciences, he also considers how law may have a naturally
necessary core. The book concludes that while law would not exist
without beliefs, intentions, and practices, it must always exist as
a social rule, declaration, or directive; much, but not all, of law
is socially constructed. This book will be a valuable resource for
academics and students of law and philosophy as well as researchers
interested in the intersections between analytical legal theory,
socio-legal studies, and empirical legal studies.
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