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Properties of Law

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Properties of Law

Properties of Law

Modern Law and After
Series:
Author:
Kaarlo Tuori, University of Helsinki
Published:
September 2021
Availability:
Available
Format:
Hardback
ISBN:
9781108844727

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    Description

    Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

    • Introduces a relational approach to law where normativity is related to sociality and vice versa
    • Introduces a multi-layered view of legal normativity where legal culture is considered an integral part of law
    • Conceptualizes non-state law and its relationship with state law

    Product details

    September 2021
    Hardback
    9781108844727
    278 pages
    250 × 172 × 22 mm
    0.71kg
    Available

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    Contents

    Table of Contents

    • Part I. Sociality:
    • 1. Return of the repressed
    • 2. Social practices
    • 3. Socio-legal practices
    • 4. Specialized legal practices
    • 5. Legal discourse
    • Part II. Normativity:
    • 6. Specificities of legal normativity
    • 7. Layers of law
    • 8. Orders of law
    • 9. Morality of law
    • 10. Constitution
    • Part III. Plurality:
    • 11. The black-box view
    • 12. Non-state law
    • 13. From simple diversity to interlegality and pluralism
    • 14. Unity under post-national plurality
    • Epilogue: Incertitude.
      • Show more

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    About the authors
      Author
    • Kaarlo Tuori , University of Helsinki

      Kaarlo Tuori is Professor Emeritus at the Faculty of Law, University of Helsinki, Finland. He has led a Centre of Excellence in European Law and Polity, financed by Academy of Finland, 2008–2013, and has served as a counsellor to the Constitutional Law Committee of Parliament and as a Member of the Venice Commission of the Council of Europe (1998–).

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