Law as Institution

Released on by Massimo La Torre
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  • Law as Institution Book Detail

  • Author : Massimo La Torre
  • Release Date : 2010-08-13
  • Publisher : Springer Science & Business Media
  • Genre : Philosophy
  • Pages : 276
  • ISBN 13 : 1402066074
  • File Size : 14,14 MB
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Law as Institution by Massimo La Torre PDF Summary

Book Description: This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.

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Law as Institution

Law as Institution

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This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part

Legal Institutions

Legal Institutions

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Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a