000 04771nam a22005295i 4500
001 978-94-007-4298-7
003 DE-He213
005 20140220083346.0
007 cr nn 008mamaa
008 120601s2012 ne | s |||| 0|eng d
020 _a9789400742987
_9978-94-007-4298-7
024 7 _a10.1007/978-94-007-4298-7
_2doi
050 4 _aK201-487
050 4 _aB65
050 4 _aK140-165
072 7 _aLAB
_2bicssc
072 7 _aLAW079000
_2bisacsh
072 7 _aPHI021000
_2bisacsh
082 0 4 _a340.1
_223
100 1 _aCroce, Mariano.
_eauthor.
245 1 0 _aSelf-sufficiency of Law
_h[electronic resource] :
_bA Critical-institutional Theory of Social Order /
_cby Mariano Croce.
264 1 _aDordrecht :
_bSpringer Netherlands :
_bImprint: Springer,
_c2012.
300 _aXXIX, 216 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aLaw and Philosophy Library,
_x1572-4395 ;
_v99
505 0 _aIntroduction -- Part I. Law as a complex practice: the rule-based model -- Overview -- 1. Legal theory as a scientific discipline and the variety of rules -- 2. Legal validity and the problem of rule-acceptance  -- 3. Reflective acceptance: reasons for action and criterion-rules -- 4. The legal practice and its (vanishing) borders  -- Part II. Law as a selective practice: the social and the legal -- Overview -- 5. The pluralist divide -- 6. Legal pluralism revised: law as the product of selection -- 7. Classic institutionalism: jural reality and legal selection -- 8. Exploring the jural continuum  -- Part III. The law as a special practice: legal field and social reality -- Overview  -- 9. Negotiating reality: knowledge and categories in the legal field -- 10. The ritual dimension of law: normality, normativity, and critique -- Epilogue: defending a pluralist critical-institutional view of law -- Bibliography -- Index.
520 _aSelf-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law, legal categories, and legal experts in the organisational dynamics of social collectivities. It demonstrates that law is a stable practice among publicly recognised experts who are called upon to select the ?normative facts? of a population, that is, the set of standards that are proclaimed as binding on the entire collectivity. At the very same time it argues that the legal field also serves as a special trans-sectional and insulated venue in which lay people can renegotiate social reality by means of law?s special stock of knowledge and categories. To do this, the book proposes an integration of the recent research outcomes achieved in three different areas of study, namely, legal positivism, legal institutionalism, and legal pluralism. It examines, among others, the notions of rule, coercion, social practice and institution elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law that is able to account for the nature of the legal practice as a basic pillar of social order. This text also covers key guidelines for empirical research and political activities in Western and non-Western countries.   This marvellous book persuasively vindicates the critical role and practicality of pluralist legal theory. It shows in depth and with a solid chain of post-Hartian arguments that there is much more to debate than merely definitions of law. While not an easy read, this is refined legal theory of the highest quality. Werner Menski Professor of South Asian Laws, SOAS, University of London This is a work of great erudition. Anyone with an interest in practice theory, socio-legal studies or legal pluralism must read this book. Dennis Patterson Professor of Legal Theory and Legal Philosophy, European University Institute  This book is an excellent contribution to both legal philosophy and the general theory of norms.  William Twining Quain Professor of Jurisprudence Emeritus, University College London
650 0 _aLaw.
650 0 _aPhilosophy of law.
650 0 _aAnthropology.
650 1 4 _aLaw.
650 2 4 _aTheories of Law, Philosophy of Law, Legal History.
650 2 4 _aPhilosophy of Law.
650 2 4 _aPolitical Science, general.
650 2 4 _aFundamentals of Law.
650 2 4 _aAnthropology.
710 2 _aSpringerLink (Online service)
773 0 _tSpringer eBooks
776 0 8 _iPrinted edition:
_z9789400742970
830 0 _aLaw and Philosophy Library,
_x1572-4395 ;
_v99
856 4 0 _uhttp://dx.doi.org/10.1007/978-94-007-4298-7
912 _aZDB-2-SHU
999 _c104753
_d104753