Law's Evolution and Human Understanding
Autor Laurence Clausen Limba Engleză Hardback – 27 sep 2012
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Specificații
ISBN-13: 9780199735099
ISBN-10: 0199735093
Pagini: 272
Dimensiuni: 236 x 155 x 20 mm
Greutate: 0.54 kg
Ediția:2
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States
ISBN-10: 0199735093
Pagini: 272
Dimensiuni: 236 x 155 x 20 mm
Greutate: 0.54 kg
Ediția:2
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States
Recenzii
The law of a community is an expression of its customs. Law evolves rather than being created. But what of such concepts as authority, legitimacy, and sovereignty within such a bottom-up approach to law? Claus's beautifully written book not only illustrates the answers with well-chosen examples, but sets the historical and philosophical scene with admirable panache.
This superb book explains how words become law. The key to the success of the argument is finding the right 'level' at which to make this seemingly simple (but quite difficult) argument. Each chapter has something new and interesting. Claus's discussion of the concept of 'Authority' is one of the best in the literature.
Using everyday examples, Laurence Claus provocatively defends the idea that law just is the systematic prediction of how people are likely to behave, useful as a technique of coordinating action in a complex society. His discussion of questions about law's authority, constitutional interpretation, and the "duty" to obey the law illuminate topics that have preoccupied jurisprudence for generations.
This superb book explains how words become law. The key to the success of the argument is finding the right 'level' at which to make this seemingly simple (but quite difficult) argument. Each chapter has something new and interesting. Claus's discussion of the concept of 'Authority' is one of the best in the literature.
Using everyday examples, Laurence Claus provocatively defends the idea that law just is the systematic prediction of how people are likely to behave, useful as a technique of coordinating action in a complex society. His discussion of questions about law's authority, constitutional interpretation, and the "duty" to obey the law illuminate topics that have preoccupied jurisprudence for generations.
Notă biografică
Laurence Claus is Professor of Law at the University of San Diego. He has worked for distinguished judges both in his native Australia and in the United States, and spent three years in the Office of Foreign Litigation, United States Department of Justice, based at the American Embassy in London. He holds a doctorate of philosophy in law from the University of Oxford.