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The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

Author: Keith Culver; Michael Giudice
Publisher: Cambridge University Press
ISBN: 9781107134805

Published In: March 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316500842

List Price: ¥23,881.00

¥23,164.57 Save ¥716.43 (3%)

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Description
Contents

Details

Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened?

The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory.

Introduction

Part I. Preparing Analytical Theory for New Challenges:

1. Pulling off the mask of law: a renewed research agenda for analytical legal theory

2. Making old questions new: legality, legal system, and state

3. Legal systems and presumptions of unity and validity

4. The elements of legal order

Part II. Law, Environment, Security, and Technology:

5. Globalization, the predictions of legality, and law's relation to environment

6. Legality, security, and Leviathan's ghost

7. Information communication technologies and legal theory

8. Beyond the unsteady state.

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