Law As Institution
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| Author | : Massimo La Torre |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 276 |
| Release | : 2010-08-13 |
| Genre | : Philosophy |
| ISBN | : 1402066074 |
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.
| Author | : Glenn Morgan |
| Publisher | : OUP Oxford |
| Total Pages | : 728 |
| Release | : 2010-04-08 |
| Genre | : Business & Economics |
| ISBN | : 0191613630 |
It is increasingly accepted that 'institutions matter' for economic organization and outcomes. The last decade has seen significant expansion in research examining how institutional contexts affect the nature and behaviour of firms, the operation of markets, and economic outcomes. Yet 'institutions' conceal a multitude of issues and perspectives. Much of this research has been comparative, and followed different models such as 'varieties of capitalism', 'national business systems', and 'social systems of production'. This Handbook explores these issues, perspectives, and models, with the leading scholars in the area contributing chapters to provide a central reference point for academics, scholars, and students.
| Author | : D.W. Ruiter |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 248 |
| Release | : 2001-11-30 |
| Genre | : Law |
| ISBN | : 9781402001864 |
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.
| Author | : Gunther Teubner |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 352 |
| Release | : 2020-10-26 |
| Genre | : Law |
| ISBN | : 3112329880 |
No detailed description available for "Dilemmas of Law in the Welfare State".
| Author | : Julie Fraser |
| Publisher | : Cambridge University Press |
| Total Pages | : 339 |
| Release | : 2020-08-06 |
| Genre | : Law |
| ISBN | : 1108489575 |
Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.
| Author | : E. Ann Black |
| Publisher | : Cambridge University Press |
| Total Pages | : 429 |
| Release | : 2011-03-10 |
| Genre | : Law |
| ISBN | : 1139495836 |
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
| Author | : Karl Renner |
| Publisher | : Transaction Publishers |
| Total Pages | : 336 |
| Release | : 2009-11-01 |
| Genre | : Business & Economics |
| ISBN | : 1412837413 |
| Author | : James D. Morrow |
| Publisher | : Cambridge University Press |
| Total Pages | : 369 |
| Release | : 2014-07-14 |
| Genre | : Political Science |
| ISBN | : 1139992899 |
Order within Anarchy focuses on how the laws of war create strategic expectations about how states and their soldiers will act during war, which can help produce restraint. The success of the laws of war depends on three related factors: compliance between warring states and between soldiers on the battlefield, and control of soldiers by their militaries. A statistical study of compliance of the laws of war during the twentieth century shows that joint ratification strengthens both compliance and reciprocity, compliance varies across issues with the scope for individual violations, and violations occur early in war. Close study of the treatment of prisoners of war during World Wars I and II demonstrates the difficulties posed by states' varied willingness to limit violence, a lack of clarity about what restraint means, and the practical problems of restraint on the battlefield.
| Author | : Peter M. Gerhart |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2010-04-19 |
| Genre | : Law |
| ISBN | : 1139489216 |
This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.
| Author | : Neil K. Komesar |
| Publisher | : University of Chicago Press |
| Total Pages | : 304 |
| Release | : 1997-01-15 |
| Genre | : Law |
| ISBN | : 9780226450896 |
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
