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Institutions of Law An Essay in Legal Theory

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This book is available in Oxford Scholarship Online - view abstracts and keywords at book and chapter level.

Related Categories

Jurisprudence & Philosophy of Law

Philosophy of Law

Social & Political Philosophy

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Institutions of Law

An Essay in Legal Theory

Neil MacCormick

Law, State, and Practical Reason

334 pages | 234x156mm

978-0-19-953543-9 | Paperback | 14 February 2008

Also available as: Hardback

Price: £23.99

This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.

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This book marks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order'
Using the framework of 'institutional normative order', MacCormick provides a rigorous analysis of the role of law in our society, showing how law creates the conditions for social peace and a functioning economy

Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law.

It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. 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.

Readership: Scholars and students of jurisprudence, legal theory and legal, social and political philosophy.

The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.

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Institutions of Law

An Essay in Legal Theory

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