Download or read book An Institutional Theory of Law written by N. MacCormick and published by Springer Science & Business Media. This book was released on 1986-01-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Institutions of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2007-01-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Download or read book Self sufficiency of Law written by Mariano Croce and published by Springer Science & Business Media. This book was released on 2012-06-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the ‘normative facts’ of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the “normative facts” of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of study—legal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.
Download or read book Law as Institution written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2010-08-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Legal Theory of Carl Schmitt written by Mariano Croce and published by Routledge. This book was released on 2013-10-11 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Download or read book Law as Institutional Fact written by Neil MacCormick and published by . This book was released on 1973 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Institutional Theory of Law written by Peter Morton and published by Oxford University Press. This book was released on 1998 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern law is to be understood as comprising norms which are implicated in particular forms of life which -- animated by the modern values of individualism -- have emerged in democratic polities. Failure to understand the nature of such fundamental institutional forms as 'society' and 'state',and of the need to appraise the central institutions of the democractic polity against the demands of legitimacy, has had serious consequences for political and legal theory in recent times. In An Institutional Theory of Law, Morton provides a fundamental philosophical critique of the assumptions ofpositivist jurisprudence and an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law -- penal, civil, and public -- taking as his starting point the careful analysis of the institutions in a democracy within whichlegal language and norms are generated. Offering an original, coherent and systematic exposition of law in society today, Peter Morton sheds new, important light on legal practices and relations through comparison with an ideal type of legal system. With this book, Peter Morton offers readers a major contribution to our understanding oflaw in society in the 1990s. As such it will be of great interest to scholars of legal theory, political science, and political constitution.
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Institutional Theory written by Ronald L. Jepperson and published by Cambridge University Press. This book was released on 2021-04 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensively collects the essential theoretical ideas of 'sociological neo-institutionalism', one of the leading approaches in social theory.
Download or read book An Institutional Theory of Law written by N. Maccormick and published by . This book was released on 2014-01-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The French Institutionalists Maurice Hauriou Georges Renard Joseph T Delos written by Maurice Hauriou and published by Cambridge : Harvard University Press. This book was released on 1970 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, André Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.
Download or read book Max Weber and Institutional Theory written by M. Rainer Lepsius and published by Springer. This book was released on 2016-11-03 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a collection of essays on institutional theory written by the German sociologist and Weber-expert M. Rainer Lepsius. Based on Weber’s work, the author develops concepts of institutional theory, which he subsequently applies to topics such as National Socialism, democratization processes, German unification, and the institutionalization of the European Union. By showing how charismatic leadership can under certain circumstances threaten democratic structures and curtail individual freedoms, and by analyzing the structural and cultural conditions under which people develop trust in political and social structures and ultimately come to support and comply with them, the author provides a sound analytical understanding of the development of democratic institutions and a democratic political culture. This collection of essays was edited, translated and commented on by Claus Wendt.
Download or read book Institutional Constructivism in Social Sciences and Law written by Dora Kostakopoulou and published by Cambridge University Press. This book was released on 2018-10-04 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book develops the model of institutional constructivism to aid socio-legal research and to account for patterns of socio-legal change.
Download or read book Legal Institutions written by D.W. Ruiter and published by Springer Science & Business Media. This book was released on 2001-11-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
Download or read book The New Institutionalism in Sociology written by Mary C. Brinton and published by Stanford University Press. This book was released on 2001 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutions play a pivotal role in structuring economic and social transactions, and understanding the foundations of social norms, networks, and beliefs within institutions is crucial to explaining much of what occurs in modern economies. This volume integrates two increasingly visible streams of researcheconomic sociology and new institutional economicsto better understand how ties among individuals and groups facilitate economic activity alongside and against the formal rules that regulate economic processes via government and law. Reviews "This volume is a welcome addition to the expanding literature on institutional analysis. . . . Besides sociologists, we are afforded the pleasure of contributions from anthropologists, economists, historians, political scientists, and scholars located in schools of law and education. . . . One of the pleasures of the volume is the wide range of topics, times, and locales addressed by the authors. . . . In all these diverse situations, the application of institutional queries and approaches enhances our understanding and appreciation of the endlessly rich and diverse nature of social life."Contemporary Society "This admirable book makes a strong contribution to institutional theory, has many excellent chapters . . . and is a model for interdisciplinary exchange and cross-fertilization. . . . It is dense with interesting ideas and points for debate, and I heartily recommend it."Sociological Research Online
Download or read book Institutional Theory in Political Science written by B. Guy Peters and published by A&C Black. This book was released on 2005-10-20 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the turn of the millennium there has been a major growth of interest in institutional theory and institutional analysis in political science. This book identifies these approaches to institutions, and provides a frame of reference for the different theories. In the past decade there has been a major growth of interest in institutional theory and institutional analysis in political science. There are, however, a variety of different approaches to the new institutionalism' and these approaches rarely address the same issues. This book identifies the various approaches to institutions, and then provides a common frame of reference for the different theories. Peters argues that there are at least seven versions of institutionalism, beginning with the March and Olsen 'normative institutionalism', and including rational choice, historical and empirical approaches to institutions and their impact on public policy. For each of the versions of institutionalism them is a set of identical questions, including the definition of institutions, the way in which they are formed, how they change, how individuals and institutions interact, and the nature of a 'good institution'. Peters discusses whether them are really so many different approaches to institutionalism, or if there is sufficient agreement among them to argue that there is really one institutional theory.
Download or read book Institutions and Economic Theory written by Eirik G. Furubotn and published by University of Michigan Press. This book was released on 2005-10-21 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition assesses some of the major refinements, extensions, and useful applications that have developed in neoinstitutionalist thought in recent years. More attention is given to the overlap between the New Institutional Economics and developments in economic history and political science. In addition to updated references, new material includes analysis of parallel developments in the field of economic sociology and its attacks on representatives of the NIE as well as an explanation of the institution-as-an-equilibrium-of-game approach. Already an international best seller, Institutions and Economic Theory is essential reading for economists and students attracted to the NIE approach. Scholars from such disciplines as political science, sociology, and law will find the work useful as the NIE continues to gain wide academic acceptance. A useful glossary for students is included. Eirik Furubotn is Honorary Professor of Economics, Co-Director of the Center for New Institutional Economics, University of Saarland, Germany and Research Fellow, Private Enterprise Research Center, Texas A&M University. Rudolph Richter is Professor Emeritus of Economics and Director of the Center for New Institutional Economics, University of Saarland, Germany.
