Administrative / Constitutional Law

Knowing What the Law Is: Legal Theory in a New Key

By Alexander Somek
Hart Publishing September 2021

Specifications

ISBN-13
9781509951291
Publisher
Hart Publishing
Publication
September 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.

The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.

Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.

Table of Contents

1. Legal Knowledge
2. Mild and Wild Formalism
3. American Legal Realism
4. Modern Legal Positivism
5. The Demise of Modern Legal Positivism
6. Objective Spirit
7. Rupture
8. The Legal Relation
Bibliography
Index
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