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Law and Politics: A Dilemma for Contemporary Legal Theory

Autor Mauro Zamboni
en Limba Engleză Paperback – 19 oct 2010
Politics and the political discourse occupy a central position in the modern legal theoretical discussion. The goal of this book is to reconstruct and to classify, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. In particular, attention is focused on Kelsen, Hart, Finnis, Critical Legal Studies, Law and Economics and legal realisms. Though reaching different conclusions, these major legal theories have some common points of departure as to the "law and politics" issue: law and politics tend to keep the features of being two different phenomena as well as of presenting regions of interaction, although with differences as to extent and intensity. Finally, a possible explanation is presented as to why such different legal theories, though often reaching diametric results, somehow must still begin from these common basic points. The explanation for this is found in the specific character of law in the modern state, and the welfare state in particular.
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Specificații

ISBN-13: 9783642093173
ISBN-10: 3642093175
Pagini: 176
Ilustrații: VIII, 166 p.
Dimensiuni: 155 x 235 x 9 mm
Greutate: 0.25 kg
Ediția:Softcover reprint of hardcover 1st ed. 2008
Editura: Springer Berlin, Heidelberg
Colecția Springer
Locul publicării:Berlin, Heidelberg, Germany

Public țintă

Research

Cuprins

A Methodology of Analysis and Certain Key-concepts.- The Autonomous Model.- The Embedded Model.- The Intersecting Model.- Contemporary Legal Theory and the Dilemma of Law.

Textul de pe ultima copertă

Politics and the political discourse occupy a central position in the modern legal theoretical discussion. The goal of this book is to reconstruct and to classify, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. In particular, attention is focused on Kelsen, Hart, Finnis, Critical Legal Studies, Law and Economics and legal realisms. Though reaching different conclusions, these major legal theories have some common points of departure as to the "law and politics" issue: law and politics tend to keep the features of being two different phenomena as well as of presenting regions of interaction, although with differences as to extent and intensity. Finally, a possible explanation is presented as to why such different legal theories, though often reaching diametric results, somehow must still begin from these common basic points. The explanation for this is found in the specific character of law in the modern state, and the welfare state in particular.

Caracteristici

Clear picture of how contemporary legal theory have described the relations between law and politics their differences and similarities and a possible explanation Includes supplementary material: sn.pub/extras