This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.…mehr
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
Detlef von Daniels is a Postdoctoral Fellow, at the Humanities Center at Harvard, USA. He has held positions as Visiting Scholar in the Department of Philosophy of Law & Social Philosophy, Georg-August-Universitÿt Göttingen, and Lecturer and Postdoctoral Fellow, Department of Germanic Languages and Literatures at the University of Michigan.
Inhaltsangabe
Introduction Part I Habermas's Understanding of Law Chapter 1 Law in the Theory of Communicative Action Chapter 2 Law in Between Facts and Norms Chapter 3 Law in the Postnational Constellation Part II Hart's Concept of Law Reconsidered Chapter 4 Situating the Debate Between Habermas and Hart Chapter 5 Primary Rules of Obligation Chapter 6 Establishing Institutions Chapter 7 The Variety of Legal Systems Chapter 8 Relations Between Legal Systems Part III Law in a Transnational Perspective Chapter 9 The Quest for Normative Foundations Chapter 10 Conceiving General Jurisprudence
Introduction Part I Habermas's Understanding of Law Chapter 1 Law in the Theory of Communicative Action Chapter 2 Law in Between Facts and Norms Chapter 3 Law in the Postnational Constellation Part II Hart's Concept of Law Reconsidered Chapter 4 Situating the Debate Between Habermas and Hart Chapter 5 Primary Rules of Obligation Chapter 6 Establishing Institutions Chapter 7 The Variety of Legal Systems Chapter 8 Relations Between Legal Systems Part III Law in a Transnational Perspective Chapter 9 The Quest for Normative Foundations Chapter 10 Conceiving General Jurisprudence
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