Institutions of Law

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ISBN: 9780198267911 | 0198267916
Cover: Hardcover
Copyright: 2/14/2007

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Institutions of Lawmarks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order'. It takes account of recent developments in the sociology of law to provide a rigorous analysis of the role of law in our society and shows how law creates the conditions for social peace and a thriving economy. In doing so,Institutions of Lawfills the need for a twenty-first century introduction to legal theory, such as was achieved in the last century by H.L.A. Hart'sThe Concept of Law.

Table of Cases	p. xv
Introduction	p. 1
Norm, Institution, and Order
On Normative Order	p. 11
Introduction	p. 11
On Institutional Facts	p. 11
The Normative	p. 14
Normative Order	p. 16
On Conventions: Informal Practices	p. 19
Conclusion	p. 20
On Institutional Order	p. 21
Introduction	p. 21
Beyond Informality	p. 22
Expressly Articulated Norms-'Rules'	p. 24
The Practical Force of Rules: 'Exclusion' or 'Entrenchment'?	p. 26
Discretion: Values and Principles	p. 28
Standards in Rules	p. 30
Institution and Order	p. 31
Institutions of Positive Law: Preliminary Remarks	p. 33
Institutional Agencies	p. 34
Law and the Constitutional State	p. 39
Introduction	p. 39
States	p. 39
Constitutions	p. 45
Institutions of Public Law	p. 49
Civil Society and the State: Introduction	p. 58
Conclusion: Law as Institutional Normative Order	p. 59
A Problem: Rules or Habits?	p. 61
Introduction	p. 61
Habit and Rule Reconsidered	p. 62
Habits about Rules	p. 68
Mind the Gap!	p. 70
Persons, Acts, and Relations
On Persons	p. 77
Introduction	p. 77
What is a Person?	p. 77
The Capacities of Persons: Passive Capacity	p. 86
The Capacities of Persons; Active Capacity in General	p. 89
Capacity Responsibility	p. 91
Transactional Capacity	p. 93
On the Capacities of Corporations	p. 95
Status	p. 96
Wrongs and Duties	p. 101
Introduction	p. 101
Rethinking the Normative	p. 101
Differentiating Wrong and Not-Wrong	p. 103
Of Duties	p. 109
Of Obligations and The Obligatory	p. 114
Legal Positions and Relations: Rights and Obligations	p. 117
Introduction	p. 117
The 'Law of Obligations'	p. 117
Rights in General and in Regard to Conduct	p. 120
Rights in Regard to States of Being and States of Affairs	p. 130
Legal Relations and Things: Property	p. 135
Introduction	p. 135
Things and Rights to Them	p. 136
Real Rights-Acquisition and Title	p. 139
Real Rights-their Content	p. 141
Some Observations on Intellectual Property Rights	p. 146
Splitting Ownership: The Trust	p. 149
Conclusion	p. 152
Legal Powers and Validity	p. 153
Introduction	p. 153
Law as Enabling	p. 155
Validity	p. 160
Defeasibility	p. 163
Immunity	p. 166
Law, State, and Civil Society
Powers and Public Law: Law and Politics	p. 171
Introduction	p. 171
Public Powers	p. 172
Differentiating Public Law	p. 174
Public Law and Politics	p. 176
The Political Value of Judicial Impartiality	p. 180
Political Power above Law?	p. 182
Constraints on Power: Fundamental Rights	p. 187
Introduction	p. 187
Rights as Possible Limits on Government	p. 190
Institutionalization of Rights	p. 195
Problems about Rights: Who is to Judge?	p. 201
Criminal Law and Civil Society: Law and Morality	p. 207
Introduction	p. 207
Crimes and Wrongs	p. 209
Legal Moralism	p. 215
Corporate Crimes	p. 218
Conclusion	p. 221
Private Law and Civil Society: Law and Economy	p. 223
Introduction	p. 223
Private Law and Private Life	p. 224
Private Law and Commerce	p. 225
Private Law and Economy	p. 226
Property and Obligations: the Institutional Analysis	p. 230
Law, Economy, and Information	p. 234
Conclusion	p. 238
Law, Morality, and Methodology
Positive Law and Moral Autonomy	p. 243
Introduction	p. 243
Explaining the Positive Character of Law	p. 244
Moral Controversy and Legal Decision	p. 246
Autonomy in Morality	p. 249
Of Law: Institutionality, Authoritativeness, Heteronomy	p. 252
Mitigating the Contrast: Relative Heteronomy of Law	p. 256
Doubting the Contrast: Interpretation and Argumentation in Law	p. 258
On Law and Justice	p. 263
Introduction	p. 263
Civil Liberty and Critical Morality	p. 264
Religion, Liberty, and Law	p. 267
Law, Justice, and the Positivization of Human Rights	p. 271
Law and its Implicit Pretension to Justice	p. 274
Some Observations on 'Positivism' and 'Natural Law'	p. 277
Law and Values: Reflections on Method	p. 281
Introduction	p. 281
Definition, Conventionalism, and the 'Semantic Sting'	p. 281
Analytical Explanation and Legal Pluralism	p. 285
Legal Knowledge and Institutional Facts	p. 289
Law, State, Civil Society-'Focal Meaning' and 'Constructive Interpretation'	p. 293
'Mind the Gap!'-Again	p. 298
Facile Eclecticism?	p. 302
Final Conclusions	p. 303
Coda	p. 304
Index of Names	p. 307
Subject Index	p. 311
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Institutions of Law

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