The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

Administrative / Constitutional Law

The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

Edited by Keith Culver · Michael Giudice
Cambridge University Press March 2017

Specifications

ISBN-13
9781107134805
Publisher
Cambridge University Press
Publication
March 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened?

The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory.

Table of Contents

Introduction

Part I. Preparing Analytical Theory for New Challenges:
1. Pulling off the mask of law: a renewed research agenda for analytical legal theory
2. Making old questions new: legality, legal system, and state
3. Legal systems and presumptions of unity and validity
4. The elements of legal order

Part II. Law, Environment, Security, and Technology:
5. Globalization, the predictions of legality, and law's relation to environment
6. Legality, security, and Leviathan's ghost
7. Information communication technologies and legal theory
8. Beyond the unsteady state.
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