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The Legal Relation: Legal Theory after Legal Positivism

The Legal Relation: Legal Theory after Legal Positivism

The Legal Relation: Legal Theory after Legal Positivism

Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 9781316648001
Published In: October 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RMB 388.96

RMB 377.29 Save RMB 11.67 (3%)

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Description
Contents

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What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another.

We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as "character masks" (Marx), for example, as "buyer" and "seller" or "landlord" and "tenant". We expect to have our claims respected simply because the law has given us rights.

We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Introduction. The pursuit of theory

1. Late legal positivism

2. Legality and irony

3. Legal science and the common law

4. The legal relation

5. Equality, freedom and dignity

6. The quest for agency.

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