Properties of Law
Modern Law and After
Format:Hardback
Publisher:Cambridge University Press
Published:16th Sep '21
Currently unavailable, currently targeted to be due back around 2nd December 2024, but could change
This hardback is available in another edition too:
- Paperback£22.99(9781108948807)
The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.
The book is a study of legal theory, written in a style which makes it accessible to both academics and the general reader. The book offers a view of modern law alternative to prevalent legal positivism, dominated by the towering figures of Hans Kelsen and H. L. A. Hart.Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.
ISBN: 9781108844727
Dimensions: 250mm x 172mm x 22mm
Weight: 710g
278 pages