Institutions of Law: An Essay in Legal Theory

Paperback | March 7, 2008

byNeil Maccormick

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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 thesethree 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 afunctioning 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 showsthat 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 positivecharacter of law contrasted with the autonomy that is foundational for morality.

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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 thesethree terms in depth. It attempts to fulfil ...

Professor Sir Neil MacCormick is the Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh.

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Format:PaperbackDimensions:336 pages, 9.21 × 6.14 × 0.71 inPublished:March 7, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199535434

ISBN - 13:9780199535439

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Table of Contents

PrefaceAcknowledgementsPart I: Norm, Institution and Order1. On Normative Order2. On Institutional Order3. Law and the Constitutional State4. A Problem: Rules or Habits?Part II: Legal Positions and Relations5. On Persons6. Wrongs and Duties7. Rights and Obligations8. Legal Relations and Things: Property9. Legal Powers and ValidityPart III: Law State and Civil Society10. Powers and Public Law: Law and Politics11. Constraints on Power: Fundamental Rights12. Criminal Law and Civil Society: Law and Morality13. Private Law and Civil Society: Law and EconomyPart IV: Law, Value and Method14. Positive Law and Moral Autonomy15. On Law and Justice16. Laws and Values: Reflections on Method