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.
Author(s): Kaarlo Tuori
Series: Law In Context
Edition: 1
Publisher: Cambridge University Press
Year: 2021
Language: English
Commentary: TruePDF | Cover | TOC
Pages: 315
Tags: Law: Methodology; Legal Polycentricity; Law: Philosophy
Cover
Half Title
Series Title
Title
Copyright
Contents
Preface
Prologue
Part I | Sociality
1 | Return of the Repressed
2 | Social Practices
3 | Sociolegal Practices
4 | Specialised 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
References
Index
Other Books in the Series (continued from page iv) - Series page
