Del i serien Cambridge Introductions to Philosophy and Law

The Legal Relation

Legal Theory after Legal Positivism

Inbunden, Engelska, 2017

AvAlexander Somek

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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.

Produktinformation

Utgivningsdatum2017-10-12
Mått157 x 236 x 17 mm
Vikt430 g
FormatInbunden
SpråkEngelska
SerieCambridge Introductions to Philosophy and Law
Antal sidor220
FörlagCambridge University Press
ISBN9781107198012

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Rättsvetenskap inom Juridik

Alexander Somek is Professor of Legal Philosophy at Universität Wien, Austria and Global Affiliated Professor of Law at the University of Iowa, where he previously held the position of the Charles E. Floete Chair in Law. He has been a Fellow of the Institute for Advanced Study in Berlin, a LAPA fellow, and visiting professor at Princeton University, New Jersey, and at the London School of Economics. He is the author of eleven books.

'Alexander Somek, at the height of his powers, has already enjoyed a long and distinguished career. He is, unlike most of us, altogether at home in both worlds – the Anglophone world with its myopia and the Continental European world with its vast perspectives but, all too often, with analysis that falls short of the mark. Alexander Somek brings the best of both worlds together, and his manuscript is a welcome effort to redress the balance in favor of, as he puts it, a post-legal positivist theory of law.' Stanley L. Paulson, Washington University, St. Louis