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This is a search of a model for a humane law -- where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. here the contention is that positive law is better understood, if it is not too easily equated with power, force, or command. Law -- it is shown -- is more a matter of discourse and deliberation, than of sheer decision or of power relations. Constitutionalism, legal argumentation, legal ethics -- three fundamental moments of our daily experience with the law -- are there to witness that this view may be right. Now a "constitutional" view of the law and its practice and the connected discoursive approach to legal reasoning can offer interesting solutions also to legal ethics. If we take legal reasoning seriously, and conceive it in a "liberal" way comprising both lawyers and judges, so that adjudication is both a task for advocates and judges, the requirement of separation of powers on the one side is already full of implications for lawyers' deontology: the role of a lawyer will not be allowed to encroach with the one fulfilled by the statesman. On the other side, the claim of rightness intrinsic in legal discourse cannot avoided by lawyers. So that they could no longer be seen as defenders of clients' interestes, but of their rights. And rights are claims to be right.. Thus the requirement of justice, or better a certain threshold imposed on the tolerable injustice of the legal claim raised, will be unescapable not only for the judge, but to the lawyer as well. The general idea of this book may unfortunately run counter recent developments in the international arena and more generally in the less palpable Zeitgeist. It might well be that, like Hegel's owl that takes flight at sunset, a conceptual pattern is set forth while the corresponding institutional practice is beginning to die out.

Constitutional law --- Law --- Law and ethics. --- Reasoning. --- Argumentation --- Ratiocination --- Reason --- Thought and thinking --- Judgment (Logic) --- Logic --- Ethics and law --- Law and morals --- Morals and law --- Legal reasoning --- Philosophy. --- Methodology. --- Philosophy --- Law. --- Philosophy of law. --- Political science --- Ethics. --- Law, general. --- Philosophy of Law. --- Political Philosophy. --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Values --- Political philosophy --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and ethics --- Reasoning --- Methodology --- Political science. --- Political philosophy. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The

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The book’s argument moves from discussing the relation between law and power. Theories defending the primacy of law over power are played against doctrines which center around the prevailing role of law. Legal positivism and natural law are here the real issue at stake. Constitutionalism and the rule of law are then seen as a development of the modern natural law tradition. But the book’s main move is a consideration of law as a phenomenon possibly connected with language. Once traditional imperativist strategies are seen as unsatisfactory, and nevertheless law is accepted as being a social fact, there is the possibility of addressing such fact as somehow analogically linked with a system of language. In a sense, language is thought of as fundamental or primordial ontological dimension, so that this can offer the key to address and understand the question of what reality is. The question of meaning overlaps that of being, not only as far as the being of the world is concerned but also with respect to the nature of law. The concept of law -could not be approached without addressing the issue of law as a language. To this purpose "use theory" is assessed and taken as a possible candidate to build up a sensible theory of legal validity. From this angle institutionalism is then seen to be the most fruitful approach to conceptualize the ontology of law, though some reform in the standard theory and in its more recent developments is proposed to render more plausible the notion of "institution". Finally, the strong normative side of a (legal) institution is studied. The relation of law and morality is assessed by pointing out the difference between the "constitutive" character of law and the "regulative" core of morality. However, an institution is both an "is" and an "ought", while law is at the same time "facticity" and "normativity.

Jurisprudence. --- Law -- Methodology. --- Law -- Philosophy. --- Legal positivism. --- MacCormick, Neil. --- Jurisprudence --- Judicial power --- Sociological jurisprudence --- Culture and law --- Law --- Law, Politics & Government --- Philosophy & Religion --- Law, General & Comparative --- Philosophy --- Language --- Judicial power. --- Sociological jurisprudence. --- Culture and law. --- Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Law and culture --- Law and society --- Society and law --- Sociology of law --- Judiciary --- Justiciability --- Power, Judicial --- Sociology --- Political science. --- Philosophy and social sciences. --- Political philosophy. --- Philosophy of the Social Sciences. --- Philosophy of Law. --- Political Philosophy. --- Legislation --- Law and the social sciences --- Constitutional law --- Courts --- Implied powers (Constitutional law) --- Judicial independence --- Separation of powers --- Social sciences --- Philosophy of law. --- Political science --- Political philosophy --- Social philosophy --- Social theory --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The --- Social sciences and philosophy

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Droit europeen --- Union europeenne --- Legislation

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Droit --- Philosophie --- Discours, essais, conferences, etc.

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Droit europeen --- Union europeenne --- Legislation