Institutions of Law

This book provides a comprehensive exploration of law and legal systems, emphasizing Sir Neil MacCormick's institutional theory. It addresses contemporary issues while clarifying the relationship between law, morality, and society.

Institutions of Law provides a comprehensive exploration of the nature of law and legal systems in today's world. Authored by Sir Neil MacCormick, the book presents his influential 'institutional theory of law,' which defines law as an 'institutional normative order.' Each component of this definition is examined in detail, offering readers a clear understanding of the foundational concepts of legal theory. The work aims to serve as a modern introduction to legal theory, reminiscent of H. L. A. Hart's seminal text, The Concept of Law.

The book addresses contemporary scholarly debates while maintaining a focus on clarity and coherence. It explores the relationship between law, the state, and civil society, emphasizing the role of law in establishing social order and facilitating a functioning economy. MacCormick integrates insights from recent developments in the sociology of law, particularly 'system theory,' to enrich the discussion and provide a relevant context for understanding legal institutions.

Additionally, Institutions of Law delves into the nature of legal knowledge, suggesting that legal studies can possess a scientific character. It highlights the inherent value orientation in legal analysis, asserting that valid analytical jurisprudence cannot be purely positivist. The distinction between law and morality is also explored, with MacCormick explaining how the positive nature of law sets it apart from the foundational autonomy of moral principles. Through this rigorous examination, the book contributes significantly to the discourse on legal theory and the understanding of contemporary legal systems.