ISBN:
9789400742987
Language:
English
Pages:
Online-Ressource (XXIX, 216 p, digital)
Series Statement:
Law and Philosophy Library 99
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Croce, Mariano, 1979 - Self-sufficiency of law
Keywords:
Philosophy of law
;
Anthropology
;
Law
;
Law
;
Philosophy of law
;
Anthropology
;
Law Philosophy
;
Law Social aspects
;
Sociological jurisprudence
;
Rechtsphilosophie
;
Rechtssoziologie
Abstract:
The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the normative facts of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the "normative facts of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of studylegal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.
Description / Table of Contents:
Self-sufficiency of Law; Acknowledgements; Contents; Introduction; Point of Departure: The Question of Questions; The Question of Questions in an Era of Transformations; Theoretical Backdrop; The Book: Structure and Aims; Part I: Law as a Complex Practice: The Rule-Based Model; Overview; Chapter 1: Legal Theory as a Scienti fi c Discipline and the Variety of Rules; 1.1 Preliminary; 1.2 Austin and the Autonomy of Legal Theory; 1.3 Kelsen and the Scienti fi c Amendment of Legal Positivism; 1.4 Beyond Commands and Imperatives: The Puzzle of Secondary Rules
Description / Table of Contents:
Chapter 2: Legal Validity and the Problem of Rule-Acceptance2.1 Preliminary; 2.2 Four Notions of Acceptance; 2.3 The Ambiguities of Acceptance as Observance; Chapter 3: Reflective Acceptance: Reasons for Action and Criterion-Rules; 3.1 Preliminary; 3.2 Internal Point of View and Rule-Government; 3.3 Rules as Reasons for Action; 3.4 Habits, Rules and the Limits of Hart's Approach; 3.5 A Quasi-Wittgensteinian Reading of the Practice Theory; 3.6 Criterion-Rules and Conditions of Thinkability; Chapter 4: The Legal Practice and Its (Vanishing) Borders; 4.1 Preliminary
Description / Table of Contents:
4.2 The 'Payne Problem': Relevant Population and Lay People4.3 Rule-Based Model of What?; 4.4 Law as a Practice Among Practices; Part II: Law as a Selective Practice: The Social and the Legal; Overview; Chapter 5: The Pluralist Divide; 5.1 Preliminary; 5.2 The Reasons for Legal Pluralism: Pragmatic and Conceptual Arguments; 5.3 First Type of Pluralism: Law as Organisation; 5.3.1 Eugen Ehrlich: The Living Law of Associations; 5.3.2 Santi Romano: Institutions as Legal Orders; 5.4 Second Type of Pluralism: The Arti fi cial Character of Law
Description / Table of Contents:
5.4.1 Sally Falk Moore: The Dialectic Spontaneity/Arti fi ciality5.4.2 Marc Galanter: The Historicity of Legal Borders; 5.5 Third Type of Pluralism: The Dissolution of Legal Pluralism; 5.5.1 Sally Engle Merry: Law as Frame of Signi fi cance; 5.5.2 Brian Tamanaha: The Praxiological Way-Out; 5.6 Legal Pluralism: A Provisional Assessment; Chapter 6: Legal Pluralism Revised: Law as the Product of Selection; 6.1 Preliminary; 6.2 The Root of All Evils: The Malinowski Problem; 6.3 Legal Selection and Legitimate Coercion: Hoebel's View; 6.4 Towards a Concept of Law as a Selective Practice
Description / Table of Contents:
Chapter 7: Classic Institutionalism: Jural Reality and Legal Selection7.1 Preliminary; 7.2 Institutions, Inner Orders, and Romano's Dilemma; 7.3 Jural Reality and Of fi cial Law; 7.4 Integrating Institutionalism: Thin Functionalism; Chapter 8: Exploring the Jural Continuum; 8.1 Preliminary; 8.2 The Background of Social Practices; 8.3 Criterion-Rules , Instance-Rules, Norm-Rules; 8.4 The Jural Continuum: Practices, Institutions, Organisations; 8.5 Relevant Population and Lay People Reconsidered; Part III: The Law as a Special Practice: Legal Field and Social Reality; Overview
Description / Table of Contents:
Chapter 9: Negotiating Reality: Knowledge and Categories in the Legal Field
Note:
Description based upon print version of record
DOI:
10.1007/978-94-007-4298-7
URL:
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