The Legal Relation : Legal Theory after Legal Positivism
Book Details
Format
Paperback / Softback
Book Series
Cambridge Introductions to Philosophy and Law
ISBN-10
1316648001
ISBN-13
9781316648001
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
US
Country of Publication
GB
Publication Date
Oct 12th, 2017
Print length
220 Pages
Weight
310 grams
Dimensions
22.80 x 15.20 x 1.30 cms
Product Classification:
LawJurisprudence & general issuesJurisprudence & philosophy of law
Ksh 5,750.00
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The law is a way of relating to one another. In a legal context, we expect to have our claims respected simply because we have a legal right. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as ''character masks'' (Marx), for example, as ''buyer'' and ''seller'' or ''landlord'' and ''tenant''. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
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