| 书目名称 | Law as Institution | | 编辑 | Massimo La Torre | | 视频video | | | 概述 | It is a general account of the concept of law from an analytically and sociologically oriented philosophical perspective A fresh and comprehensive restatement of an institutional theory of law.An atte | | 丛书名称 | Law and Philosophy Library | | 图书封面 |  | | 描述 | This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate mo | | 出版日期 | Book 2010 | | 关键词 | Hans Kelsen; Kelsen; Moral; concepts of law; legal positivism; natural law; positivism; theory of law | | 版次 | 1 | | doi | https://doi.org/10.1007/978-1-4020-6607-8 | | isbn_softcover | 978-94-007-3312-1 | | isbn_ebook | 978-1-4020-6607-8Series ISSN 1572-4395 Series E-ISSN 2215-0315 | | issn_series | 1572-4395 | | copyright | Springer Science+Business Media B.V. 2010 |
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发表于 2025-3-21 19:05:51
