An Institutional Theory of Law

An Institutional Theory of Law
Author: N. MacCormick
Publisher: Springer Science & Business Media
Total Pages: 242
Release: 2013-04-17
Genre: Philosophy
ISBN: 9401577277

Legal Institutions

Legal Institutions
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.

Intentional Acts and Institutional Facts

Intentional Acts and Institutional Facts
Author: Savas L. Tsohatzidis
Publisher: Springer Science & Business Media
Total Pages: 224
Release: 2007-06-17
Genre: Science
ISBN: 1402061048

Ten original essays examine the central themes of John Searle’s ontology of society. Written by an international team of philosophers and social scientists, the essays contribute to a deeper understanding of Searle’s work. Moreover, these essays open the door to new approaches to addressing fundamental questions about social phenomena. This book also features a new essay by Searle himself that summarizes and further develops his work.

Institutions of Law

Institutions of Law
Author: Neil MacCormick
Publisher: OUP Oxford
Total Pages: 334
Release: 2007-01-11
Genre: Law
ISBN: 019102175X

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.

Non-State Justice Institutions and the Law

Non-State Justice Institutions and the Law
Author: M. Kötter
Publisher: Springer
Total Pages: 262
Release: 2015-02-02
Genre: Political Science
ISBN: 1137403284

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Law as Fact

Law as Fact
Author: Karl Olivecrona
Publisher: Hassell Street Press
Total Pages: 236
Release: 2021-09-09
Genre: Law
ISBN: 9781013308147

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Functions of Law

The Functions of Law
Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
Total Pages: 241
Release: 2016-03-11
Genre: Law
ISBN: 019166846X

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

The Oxford Handbook of Comparative Institutional Analysis

The Oxford Handbook of Comparative Institutional Analysis
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.