The Legal Relation

Legal Theory after Legal Positivism

AvAlexander Somek

Inbunden, Engelska, 2017

Del i serien Cambridge Introductions to Philosophy and Law

1 290 kr

Beställningsvara. Skickas inom 10-15 vardagar. Fri frakt över 249 kr.

Fler format och utgåvor

Häftad

408 kr

Beskrivning

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Produktinformation

Utgivningsdatum:2017-10-12
Mått:157 x 236 x 17 mm
Vikt:430 g
Format:Inbunden
Språk:Engelska
Serie:Cambridge Introductions to Philosophy and Law
Antal sidor:220
Förlag:Cambridge University Press
ISBN:9781107198012

Utforska kategorier

Rättsvetenskap inom Juridik

Mer om författaren

Alexander Somek is Professor of Legal Philosophy at Universität Wien, Austria and Global Affiliated Professor of Law at the University of Iowa, where he previously held the position of the Charles E. Floete Chair in Law. He has been a Fellow of the Institute for Advanced Study in Berlin, a LAPA fellow, and visiting professor at Princeton University, New Jersey, and at the London School of Economics. He is the author of eleven books.

Recensioner i media

'Alexander Somek, at the height of his powers, has already enjoyed a long and distinguished career. He is, unlike most of us, altogether at home in both worlds – the Anglophone world with its myopia and the Continental European world with its vast perspectives but, all too often, with analysis that falls short of the mark. Alexander Somek brings the best of both worlds together, and his manuscript is a welcome effort to redress the balance in favor of, as he puts it, a post-legal positivist theory of law.' Stanley L. Paulson, Washington University, St. Louis

Innehållsförteckning

Introduction. The pursuit of theory; 1. Late legal positivism; 2. Legality and irony; 3. Legal science and the common law; 4. The legal relation; 5. Equality, freedom and dignity; 6. The quest for agency.