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Book
Legality's borders : an essay in general jurisprudence
Authors: ---
ISBN: 0199775907 1282730894 9786612730894 0199708061 Year: 2010 Publisher: New York, N.Y. : Oxford University Press,

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Abstract

This text explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterize in terms of the kinds of norms they use rather than their content or system-membership.


Book
The unsteady state : general jurisprudence for dynamic social phenomena
Authors: ---
ISBN: 1108145795 1108146511 1108146643 1316500845 1316471209 1108146767 1108146880 1108147364 1107134803 1108147240 9781108147361 9781108146883 9781316471203 9781107134805 9781316500842 9781316500842 9781108147248 Year: 2017 Publisher: Cambridge : Cambridge University Press,

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Abstract

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 the 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.

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