Details
- Presents a unique and ambitious thesis on the nature of law's predictive potential
- Written by a leading scholar of law and philosophy
- Provides a timely criticism of the positivist project that is sure to create a greater future dialogue in the area of legal theory
When should we follow the law? How can we know what law's words mean? What iisr law? biLaw's Evolution and Human Understandingrr presents fresh and surprising answers to these questions. In an account alive with the stories of our shared human history, Laurence Claus explains why we should discard the old idea that legal rules tell us what to do, and instead see law as a system of sayings that evolves among humans to help us better iunderstand each otherr.
When driving on public roads, when buying and selling, and in countless other aspects of our work and play, we depend on law to let us know what other people are likely to do and to expect of us. Through fast-paced pages of anecdote and argument, biLaw's Evolution and Human Understandingrr explains the revolutionary consequences of seeing law as truly what Oliver Wendell Holmes called it: systematized prediction. The book reveals how this vision of law can transform our thinking about the way we make moral decisions, about the way we read law, and about many other ways that law affects our lives.
Readership: Legal scholars and academics, students, those interested in law, philosophy and jurisprudence.
1. What Makes Words Law?
2. How Law Grows Up in a Group
3. The Invention of <"Because I Said So>"
4. The Empty Idea of Authority
5. Ideas that Endure
6. When Should We Do What Law Signals?
7. How Law Works
8. Evolution and Revolution
9. Reading to Understand Each Other
10. The Life of the Law
Notes
Acknowledgments
Index
Laurence Claus, Herzog Endowed Scholar and Professor of Law, University of San Diego
Laurence Claus is Professor of Law at the University of San Diego. He has worked for distinguished judges both in his native Australia and in the United States, and spent three years in the Office of Foreign Litigation, United States Department of Justice, based at the American Embassy in London. He holds a doctorate of philosophy in law from the University of Oxford.
"The law of a community is an expression of its customs. Law evolves rather than being created. But what of such concepts as authority, legitimacy, and sovereignty within such a bottom-up approach to law? Claus's beautifully written book not only illustrates the answers with well-chosen examples, but sets the historical and philosophical scene with admirable panache." - Professor Ken Binmore, University College London
"This superb book explains how words become law. The key to the success of the argument is finding the right 'level' at which to make this seemingly simple (but quite difficult) argument. Each chapter has something new and interesting. Claus's discussion of the concept of 'Authority' is one of the best in the literature." - Professor Dennis Patterson, Eu ropean University Institute
"Using everyday examples, Laurence Claus provocatively defends the idea that law just is the systematic prediction of how people are likely to behave, useful as a technique of coordinating action in a complex society. His discussion of questions about law's authority, constitutional interpretation, and the "duty" to obey the law illuminate topics that have preoccupied jurisprudence for generations." - Professor Mark Tushnet, Harvard Law School
