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Self-sufficiency of Law

Part of the Law and Philosophy Library Book Series (volume 99)

DOI: 10.1007/978-94-007-4298-7

ISBN: 978-94-007-4297-0

Publisher: Springer Netherlands - Springer Journals

Apr 21, 2012

1 - 10 of 10 Chapters

Available

Legal Theory as a Scientific Discipline and the Variety of Rules

Croce, Mariano

Pages: 5 –18

[This chapter depicts John Austin’s and Hans Kelsen’s theories of law as basic prototypes of legal positivism and then examines Hart’s criticisms to them. The chapter shows that Austin and Kelsen were primarily intent on setting the borders of jurisprudence as a new scientific discipline....
Available

Legal Validity and the Problem of Rule-Acceptance

Croce, Mariano

Pages: 19 –29

[This chapter examines rule-acceptance, a basic element of law, which some authors consider to be crucial to its very existence and validity. The chapter muses on acceptance in order to throw some light on the different shades of meaning that this term assumes in different theoretical frameworks....
Available

Reflective Acceptance: Reasons for Action and Criterion-Rules

Croce, Mariano

Pages: 31 –48

[This chapter is devoted to exploring and developing the notion of acceptance as ‘reflective observance’. The chapter contends that Hart’s arguments about the role of rules in social life are compelling, especially if observed through Wittgensteinian lenses. Rules are both guidelines allowing...
Available

The Legal Practice and Its (Vanishing) Borders

Croce, Mariano

Pages: 49 –63

[This chapter contends that, if we assume Hart’s idea of rules to be a good foundation for law, then we must conclude that, pace Hart, law is not a limited domain at all, but a largely widespread social phenomenon. In effect, the rule-based model of law, mainly justified by the conceptual tools...
Available

The Pluralist Divide

Croce, Mariano

Pages: 67 –97

[This chapter considers the proposals of some authors (namely, Eugen Ehrlich, Santi Romano, Sally Falk Moore, Marc Galanter, Sally Engle Merry, and Brian Tamanaha) who, in different ways and with different intents, have provided workable insights into the relation between the legal and the social...
Available

Legal Pluralism Revised: Law as the Product of Selection

Croce, Mariano

Pages: 99 –112

[This chapter starts off by examining the criticisms that Brian Tamanaha conveys to many versions of legal pluralism. In particular it mulls over what he defines ‘the Malinowski problem’, which plunges into the difficulties faced by most legal pluralists in trying to ascertain the differences...
Available

Classic Institutionalism: Jural Reality and Legal Selection

Croce, Mariano

Pages: 113 –126

[This chapter shows that, at the beginning of the twentieth century, the school of thought known as ‘legal institutionalism’ (which some interpreters call ‘classic’ in order to distinguish it from more recent institutionalist paradigms) was able to capture almost all of the elements discussed in...
Available

Exploring the Jural Continuum

Croce, Mariano

Pages: 127 –145

[This chapter capitalises on the analyses conducted in the previous chapters so as to provide a comprehensive understanding of social normativity. It contends that social reality is nothing but an array of rule-governed contexts, structured by different kinds of rules and roles. In doing so, the...
Available

Negotiating Reality: Knowledge and Categories in the Legal Field

Croce, Mariano

Pages: 151 –176

[This chapter argues that law is a genuinely special field of social reality, in that it represents a trans-sectional and insulated venue, neatly separated from everyday life, in which everyday reality can be renegotiated and rephrased by means of its special knowledge (usually mastered by legal...
Available

The Ritual Dimension of Law: Normality, Normativity, and Critique

Croce, Mariano

Pages: 177 –193

[This chapter reinforces the conclusions reached in Chap. 9 about law’s being a special venue by arguing that law possesses a ritual nature, which sparks off two opposite but inseparable dimensions. On the one hand, there is a ‘nondiscursive’ dimension where ‘normative facts’ are produced, which...

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