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| Author | : Massimo La Torre |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 276 |
| Release | : 2010-08-13 |
| Genre | : Philosophy |
| ISBN | : 1402066074 |
Download Law as Institution Book in PDF, ePub and Kindle
This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
| Author | : Glenn Morgan |
| Publisher | : OUP Oxford |
| Total Pages | : 728 |
| Release | : 2010-04-08 |
| Genre | : Business & Economics |
| ISBN | : 0191613630 |
Download The Oxford Handbook of Comparative Institutional Analysis Book in PDF, ePub and Kindle
It is increasingly accepted that 'institutions matter' for economic organization and outcomes. The last decade has seen significant expansion in research examining how institutional contexts affect the nature and behaviour of firms, the operation of markets, and economic outcomes. Yet 'institutions' conceal a multitude of issues and perspectives. Much of this research has been comparative, and followed different models such as 'varieties of capitalism', 'national business systems', and 'social systems of production'. This Handbook explores these issues, perspectives, and models, with the leading scholars in the area contributing chapters to provide a central reference point for academics, scholars, and students.
| Author | : Ota Weinberger |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 289 |
| Release | : 2012-12-06 |
| Genre | : Philosophy |
| ISBN | : 9401134588 |
Download Law, Institution and Legal Politics Book in PDF, ePub and Kindle
It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
| Author | : D.W. Ruiter |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 248 |
| Release | : 2013-03-14 |
| Genre | : Philosophy |
| ISBN | : 9401597650 |
Download Legal Institutions Book in PDF, ePub and Kindle
Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
| Author | : Julie Fraser |
| Publisher | : Cambridge University Press |
| Total Pages | : 339 |
| Release | : 2020-08-06 |
| Genre | : Law |
| ISBN | : 1108489575 |
Download Social Institutions and International Human Rights Law Book in PDF, ePub and Kindle
Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.
| Author | : Gunther Teubner |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 352 |
| Release | : 2020-10-26 |
| Genre | : Law |
| ISBN | : 3112329880 |
Download Dilemmas of Law in the Welfare State Book in PDF, ePub and Kindle
No detailed description available for "Dilemmas of Law in the Welfare State".
| Author | : E. Ann Black |
| Publisher | : Cambridge University Press |
| Total Pages | : 429 |
| Release | : 2011-03-10 |
| Genre | : Law |
| ISBN | : 1139495836 |
Download Law and Legal Institutions of Asia Book in PDF, ePub and Kindle
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
| Author | : Neil K. Komesar |
| Publisher | : University of Chicago Press |
| Total Pages | : 304 |
| Release | : 1997-01-15 |
| Genre | : Law |
| ISBN | : 9780226450896 |
Download Imperfect Alternatives Book in PDF, ePub and Kindle
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 505 |
| Release | : 2023-05-02 |
| Genre | : |
| ISBN | : 019768534X |
Download The American Law Institute Book in PDF, ePub and Kindle
The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.
| Author | : N. MacCormick |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 242 |
| Release | : 2013-04-17 |
| Genre | : Philosophy |
| ISBN | : 9401577277 |
Download An Institutional Theory of Law Book in PDF, ePub and Kindle
