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Legal System Between Order and Disorder Michel Van De Kerchove

Legal System Between Order and Disorder By Michel Van De Kerchove

Legal System Between Order and Disorder by Michel Van De Kerchove


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Summary

A translation of a French text, this book asks two core inter-related questions. The first is: how have legal philosophers systematized law, and what types of assumptions have been made in undertaking this task? Second, in what sense is the law a system and how is it maintained as such?

Legal System Between Order and Disorder Summary

Legal System Between Order and Disorder by Michel Van De Kerchove

This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question the book surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory.

Table of Contents

Part 1 General problematic: interest in the concept of system for the study of law; epistemological orientations; perspectives opened up by investigation of systems; two precursors - Kelsen and Hart. Part 2 Elements of a legal system: legal norms; concepts, institutions, branches of law, general principles or values; heterogenicity of the elements of a legal system. Part 3 Relations among the elements of a legal system: the different types of systematicity; the different forms of systematization. Part 4 The legal system and its environment: legal system and autopoiesis; legal system and social order - the functions of law; legal system and social order - infra-law; legal system and change; legal system and non-legal normative systems; relations between different legal systems. Part 5 The legal system and temporality: genesis of juridicity and systematicity; diachronic perspective - the emergence of formal and institutional systems; synchronic perspective - "families" of legal systems; conditions of survival of a legal system; the multiple temporalities of legal systems; legal temporalities and levels of organization of systems.

Additional information

NPB9780198256922
9780198256922
0198256922
Legal System Between Order and Disorder by Michel Van De Kerchove
New
Hardback
Oxford University Press
1994-09-29
216
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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