Properties of Law: Modern Law and After

Administrative / Constitutional Law

Properties of Law: Modern Law and After

By Kaarlo Tuori
Cambridge University Press September 2021

Specifications

ISBN-13
9781108844727
Publisher
Cambridge University Press
Publication
September 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

Table of Contents

Part I. Sociality:
1. Return of the repressed
2. Social practices
3. Socio-legal practices
4. Specialized legal practices
5. Legal discourse
Part II. Normativity:
6. Specificities of legal normativity
7. Layers of law
8. Orders of law
9. Morality of law
10. Constitution
?Part III. Plurality:
11. The black-box view
12. Non-state law
13. From simple diversity to interlegality and pluralism
14. Unity under post-national plurality
Epilogue: Incertitude
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