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Beskrivning
This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question the book surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory.
Part 1 General problematic: interest in the concept of system for the study of law; epistemological orientations; perspectives opened up by investigation of systems; two precursors - Kelsen and Hart. Part 2 Elements of a legal system: legal norms; concepts, institutions, branches of law, general principles or values; heterogenicity of the elements of a legal system. Part 3 Relations among the elements of a legal system: the different types of systematicity; the different forms of systematization. Part 4 The legal system and its environment: legal system and autopoiesis; legal system and social order - the functions of law; legal system and social order - infra-law; legal system and change; legal system and non-legal normative systems; relations between different legal systems. Part 5 The legal system and temporality: genesis of juridicity and systematicity; diachronic perspective - the emergence of formal and institutional systems; synchronic perspective - "families" of legal systems; conditions of survival of a legal system; the multiple temporalities of legal systems; legal temporalities and levels of organization of systems.