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Law as InstitutionTwo Opposing Conceptions

Law as Institution: Two Opposing Conceptions [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 has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivitity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justification and implementation as two separate moments. It is an ontological quality too, and it is there from the beginning, from the moment where law “springs” as a distinct experience and practice. Here we are then confronted with the question of power.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Law as InstitutionTwo Opposing Conceptions

Part of the Law and Philosophy Library Book Series (volume 90)
Law as Institution — Aug 10, 2010

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Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media B.V. 2010
ISBN
978-1-4020-6606-1
Pages
3 –23
DOI
10.1007/978-1-4020-6607-8_1
Publisher site
See Chapter on Publisher Site

Abstract

[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 has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivitity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justification and implementation as two separate moments. It is an ontological quality too, and it is there from the beginning, from the moment where law “springs” as a distinct experience and practice. Here we are then confronted with the question of power.]

Published: Aug 10, 2010

Keywords: Political Power; Legal Order; Legal Norm; Legal Doctrine; Proper Sense

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