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The Constitution of the Legal Relation: A Pragmatist Philosophy of Law

New Arrival The Constitution of the Legal Relation: A Pragmatist Philosophy of Law

The Constitution of the Legal Relation: A Pragmatist Philosophy of Law

The Constitution of the Legal Relation: A Pragmatist Philosophy of Law

Author: Alexander Somek
Publisher: Hart Publishing
ISBN: 9781509979226
Published In: January 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RM631.80

RM612.85 Save RM18.95 (3%)

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Description
Contents

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This book defends the relational approach to law from the perspective of human action.

The book begins by exploring how what we take to be law is constituted through the lens of either rational or reasonable conduct. Having examined reasonableness as the unifying theme of natural law theories, it then argues that the form and authority of law originate from resolving a moral antinomy that these theories failed to address. The reasonableness of law resides in the resultant structure and principles of relations in which rights are matched with obligations and powers with liabilities.

Rather than descending upon us from above in the form of directives, the law emerges from interactive efforts to cope with persistent moral disagreements. Ultimately, the relational approach views the legal rules governing our interactions as based on some common will. The book concludes that, unsurprisingly, modern constitutionalism is to be regarded as a thoroughly pragmatic and most defensible conception of the authority of law.

1. Skepticism and Agreement

2. The Point of Legal Philosophy

3. The Rational Perspective on Overpowering Force

4. A Modest Primer on Reasonableness

5. Soul and the City

6. The Best and Most Feasible

7. Natural Law: Its Problem

8. Natural Law: Trajectories

9. The Enigma of Authority

10. Relational Approaches

11. The Enigma of Morality

12. The Indeterminacy of Law

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