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Institutions of Law - An Essay in Legal Theory (Paperback)
Loot Price: R1,781
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Institutions of Law - An Essay in Legal Theory (Paperback)
Series: Law, State, and Practical Reason
Expected to ship within 10 - 15 working days
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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 fulfill 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.
Institutions of Law 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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