Opis: Concepts of Law

Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law's rhetoric and the potential utility of alternative vocabularies, eg, 'governance' and "governmentality". Others reveal the rich polyjurality of the present, from the local and to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries. This book contains a wonderful collection of essays on the meaning of law in a pluralist society. It is the first volume to bring together stimulating views of celebrated comparatists, legal theorists and social scientists on contemporary legal complexity. Indispensable reading for anyone interested in the state of contemporary law.'Jan Smits, Maastricht University, The Netherlands'This work displays a remarkably diverse range of opinion in current legal thought and critical scholarship about the nature of law. Although debate on the subject is certainly not new, this book carries it much further into the richly complex world of normative pluralism.'Tom Bennett, University of Cape Town, South Africa'This edited collection confronts us with the choice between having to tame a tiger and thinking the tiger to be a cat, just a different one. When writing about "concepts of law", then one apparently must pay tribute and hommage, but one must also be daring and fierce. The authors in this book do both, and do it very differently, from one to the other, and thus offer a refreshing look at some of the (really) old problems of law and some of the old, newer and emerging views that exist with regard to the definition, concept and nature of law and to its role and function in a society, which itself doesn't stand still. Reading is highly recommended.'Peer Zumbansen, King's College London, UKContents: Preface; Concepts of law: an introduction, Sean Patrick Donlan and Lukas Heckendorn Urscheler; Beyond the state in and of legal theory, Maksymilian Del Mar; Do 'legal systems' exist? The concept of law and comparative law, Mark van Hoecke; The concept of law: a Wittgensteinian approach with some ethnomethodological specificiations, Baudouin Dupret; The truth is out there? Legal pluralism and the language-game, Jaakko Husa; Remembering and applying legal pluralism: law as kite flying, Werner Menski; A sense of law: on shared normative experiences, Emmanuel Melissaris; Three perils of legal pluralism, Catherine Valcke; Legal sociology and the sociology of norms, David Nelken; Is law a special domain? On the boundary between the legal and the social, Mariano Croce; The creation and use of concepts of law when confronting legal and normative plurality, Andrew Halpin; A concept of law for global legal pluralism? Roger Cotterrell; The concept of law in postnational perspective, Alessio Lo Giudice; What is the context in 'law in context'?, Julia Eckert; Short notes on the legal pluralism(s) in Somaliland, Salvatore Mancuso; Index.

Szczegóły: Concepts of Law

Tytuł: Concepts of Law
Producent: Ashgate Publishing Company
ISBN: 9781409455264
Rok produkcji: 2014
Ilość stron: 272
Oprawa: Twarda

Recenzje: Concepts of Law