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Author : N. MacCormick
Publisher : Springer Science & Business Media
ISBN 13 : 9401577277
Total Pages : 242 pages
Book Rating : 4.74/5 ( download)
Download or read book An Institutional Theory of Law written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Neil MacCormick
Publisher : OUP Oxford
ISBN 13 : 019102175X
Total Pages : 334 pages
Book Rating : 4.56/5 ( download)
Download or read book Institutions of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2007-01-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Author : Mariano Croce
Publisher : Springer Science & Business Media
ISBN 13 : 9400742983
Total Pages : 239 pages
Book Rating : 4.87/5 ( download)
Download or read book Self-sufficiency of Law written by Mariano Croce and published by Springer Science & Business Media. This book was released on 2012-06-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 study—legal 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.
Author : N. Maccormick
Publisher :
ISBN 13 : 9789401577281
Total Pages : 244 pages
Book Rating : 4.85/5 ( download)
Download or read book An Institutional Theory of Law written by N. Maccormick and published by . This book was released on 2014-01-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 9780674022102
Total Pages : 356 pages
Book Rating : 4.06/5 ( download)
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Author : Massimo La Torre
Publisher : Springer Science & Business Media
ISBN 13 : 1402066074
Total Pages : 276 pages
Book Rating : 4.78/5 ( download)
Download or read book Law as Institution written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2010-08-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Neil MacCormick
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.46/5 ( download)
Download or read book Law as Institutional Fact written by Neil MacCormick and published by . This book was released on 1973 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander Styhre
Publisher : Routledge
ISBN 13 : 0429632282
Total Pages : 313 pages
Book Rating : 4.80/5 ( download)
Download or read book The Institutional Theory of the Firm written by Alexander Styhre and published by Routledge. This book was released on 2019-07-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Institutional Theory of the Firm examines recent and previous organization theory literature to advocate what Evans (1995) refers to as the "embedded autonomy" of the firm, as well as its role in being simultaneously anchored in, for example, corporate legislation and regulatory practices on the national, regional (i.e., within the European Union) and transnational levels, while at the same time being granted the right to operate with significant degrees of freedom within this legal-regulatory model. Seen in this view, the embedded autonomy of the corporation represents a theoretical view of the corporation that complements the market-based image of the corporation in economic theory. When advocating the institutional theory model, three forms of embedded autonomy are examined. First, the corporation is enacted as a legal entity sui juris—as a freestanding "legal person" in corporate law and within the regulatory framework that serves to enforce legislation in everyday life settings. Second, the corporation is embedded within what social theorists refer to as moral economies, the norms and values that regulate what are the socially acceptable and legitimate means for conducting business. Third and finally, the corporation is embedded in governance, a relatively complex economic concept that denotes legal and regulatory control on the societal and economic system levels, and on the level of the individual corporation. By combining the three forms of embeddedness, sanctioned by law, norms, and governance, the embedded autonomy of the firm is secured on the basis of a variety of social practices and resources. This book brings together a diverse literature including management studies, economic sociology, legal theory, finance theory, and mainstream economic theory to advance the argument that the corporation is best understood as what is embedded in a social and economic context, yet best serving its defined and stipulated ends by assuming considerable degrees of freedom to operate in isolation from various stakeholders. It will be of relevance for a variety of readers, including graduate students, management scholars, policy-makers, and management consultants interested in organization theory and management studies.
Author : Mariano Croce
Publisher : Routledge
ISBN 13 : 1136220666
Total Pages : 248 pages
Book Rating : 4.61/5 ( download)
Download or read book The Legal Theory of Carl Schmitt written by Mariano Croce and published by Routledge. This book was released on 2013-10-11 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Author : Peter Morton
Publisher : Oxford University Press
ISBN 13 : 9780198258254
Total Pages : 442 pages
Book Rating : 4.59/5 ( download)
Download or read book An Institutional Theory of Law written by Peter Morton and published by Oxford University Press. This book was released on 1998 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern law is to be understood as comprising norms which are implicated in particular forms of life which -- animated by the modern values of individualism -- have emerged in democratic polities. Failure to understand the nature of such fundamental institutional forms as 'society' and 'state',and of the need to appraise the central institutions of the democractic polity against the demands of legitimacy, has had serious consequences for political and legal theory in recent times. In An Institutional Theory of Law, Morton provides a fundamental philosophical critique of the assumptions ofpositivist jurisprudence and an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law -- penal, civil, and public -- taking as his starting point the careful analysis of the institutions in a democracy within whichlegal language and norms are generated. Offering an original, coherent and systematic exposition of law in society today, Peter Morton sheds new, important light on legal practices and relations through comparison with an ideal type of legal system. With this book, Peter Morton offers readers a major contribution to our understanding oflaw in society in the 1990s. As such it will be of great interest to scholars of legal theory, political science, and political constitution.
