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Properties of Law: Modern Law and After

Properties of Law: Modern Law and After

作者： Kaarlo Tuolri
出版商： Cambridge University Press
ISBN: 9781108948807
出版时间 April 2023
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108844727

List Price: ￥280.12

￥271.72 Save ￥8.40 (3%)

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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.
Part I. Sociality:
1. Return of the repressed
2. Social practices
3. Socio-legal practices
4. Specialized legal practices
5. Legal discourse
Part II. Normativity:
6. Specificities of legal normativity
7. Layers of law
8. Orders of law
9. Morality of law
10. Constitution
?Part III. Plurality:
11. The black-box view
12. Non-state law
13. From simple diversity to interlegality and pluralism
14. Unity under post-national plurality
Epilogue: Incertitude

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