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It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Institutions of Law marks 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
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Produktbeschreibung
It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Institutions of Law marks 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 Law fills the need for a twenty-first century introduction to legal theory, such as was achieved in the last century by H.L.A. Hart's The Concept of Law.
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Autorenporträt
The late Professor Sir Neil MacCormick was the Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh