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Law as Institution

Part of the Law and Philosophy Library Book Series (volume 90)

DOI: 10.1007/978-1-4020-6607-8

ISBN: 978-1-4020-6606-1

Publisher: Springer Netherlands - Springer Journals

Aug 10, 2010

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Two Opposing Conceptions

La Torre, Massimo

Pages: 3 –23

[In the first chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, general theories of law struggle to do justice to the multiple dualities of the law. Indeed, law...
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The Normativist View

La Torre, Massimo

Pages: 25 –57

[Chapter 2 concludes the first part of the book by considering an alternative view about the relationship between power and law. Here the main approach discussed is Hans Kelsen’s “pure theory”. As a matter of fact, Kelsen presents his own theory as a solution to the controversy, in so far as...
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Meaning and Norm

La Torre, Massimo

Pages: 61 –96

[Here there is first an analysis of theories of meaning, their limits and merits and their possible consequences for the explanation of human action and for the concept of law. Several theories of meaning are assessed and finally the so-called use theory is outlined as the most convincing (though...
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Law as Institution

La Torre, Massimo

Pages: 97 –134

[In Chapter 4 there is the attempt to build a bridge between such theory and the traditional institutionalist theories of law. These are reviewed and then supplemented through the neo-institutionalism more recently defended by Neil MacCormick and Ota Weinberger. Neo-institutionalism is then said...
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Law and Power

La Torre, Massimo

Pages: 135 –165

[The fifth chapter resumes the discussion of the relationship between law and power, while power is now conceptualized through the notion of institution. Attention is now devoted to sociology of law and sociological doctrines. Kelsen’s solution thus appears more promising, once however power is...
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Meaning and Value Judgements

La Torre, Massimo

Pages: 169 –192

[Here in Chapter 6 there is first a summing up of meaning theories and of their implications for a conception of normative language. After a discussion o a paradigmatic empiricist approach to language, the one defended by Bertrand Russell, special attention is devoted to the “speech acts” theory....
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Value Judgements and Justification

La Torre, Massimo

Pages: 193 –227

[In Chapter 7 an attempt is made to apply the results obtained in Chapters 3 and 6 to meta-ethics and the study of morality and moral sentences. Meta-ethical doctrines are reviewed and criticized by focusing then to the issue of universalizability. At the end of the chapter a definition of the...
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Law and Morality

La Torre, Massimo

Pages: 231 –260

[Chapter 8 concludes summing up what the neo-institutionalist approach defended would imply as for the relationship between law and morality. Here different approaches are reviewed and discussed. The outcome is a partial endorsement of a discourse theory approach. Institutionalism, old and new,...

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