This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question the book surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory.
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Law has long been conceived as a system and system involves order. However, the authors argue, for any system, even a legal system, to function it must also involve elements of disorder. This book investigates the systematic nature of a legal system, particularly as to the validity and interpretation of law, in four main areas: the elements of a legal system, relations among its elements, its relation to its environment and its relation to time. It is argued that, being both open and closed, self- and hetero-regulated, fixed and changing, complex and fluid, a legal system appears as a constant entangling of order and disorder. This innovative interdisciplinary study moves from traditional theory of legal system through systems theory to game theory, as well as drawing on sociology and anthropology of law.
Michel van de Kerchove teaches at the Facultes Universitaires Saint-Louis in Brussels.
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Hardcover. Condition: new. Hardcover. This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question the book surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory. A consideration of the ways in which legal philosophers have systematized law, and the assumptions they have made in undertaking the task, and an investigation into the law as a system. The book surveys and analyses the theories of a number of European legal philosophers. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780198256922
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Hardcover. Condition: new. Hardcover. This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question the book surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory. A consideration of the ways in which legal philosophers have systematized law, and the assumptions they have made in undertaking the task, and an investigation into the law as a system. The book surveys and analyses the theories of a number of European legal philosophers. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780198256922
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