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Institutions of Law - An EsSay in Legal Theory (Hardcover)
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Institutions of Law - An EsSay in Legal Theory (Hardcover)
Series: Law, State, and Practical Reason
Expected to ship within 12 - 17 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 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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