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This book proposes a general theory of the nature of law based on
the idea that law exists in all human communities before it is ever
posited or in any other sense formally expressed. According to the
theory, the nature of law is not captured in what is variously
called 'positive law', 'conventional law', 'state law' or 'human
law'. The theory holds that a living law is an omnipresent feature
of human community. By 'living law' is meant primarily those
normative judgments and choices that are generally accepted and
approved in a particular community. The book begins by exploring
the origins of civil society and the function of law. The authors
adopt the Roman law definition of justice as the willingness to
give each what is due, and they examine the mutual rights or
entitlements that must be for the most part honoured for any
society to survive. In addition to distinguishing natural justice
from conventional justice, and setting out in detail the
distinction between distributive justice, rectificatory justice and
reciprocal justice, the study analyses justice and the trading
order; adjudication and interpretation; the relationship between
morality, law and legislation; natural law; rights; law and
coercion; and the authority and legitimacy of law. While the
authors invoke several classical and medieval sources, their
account of law and justice in community is innovative and
contemporary. It will be of interest to students of philosophy,
social anthropology, political science, and those involved in the
jurisprudential or sociological study of law.
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