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Law and Politics: A Dilemma for Contemporary Legal Theory - Softcover

 
9783642093173: Law and Politics: A Dilemma for Contemporary Legal Theory
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This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

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Politics and the political discourse occupy a central position in the modern legal theoretical discussion. The goal of this book is to reconstruct and to classify, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. In particular, attention is focused on Kelsen, Hart, Finnis, Critical Legal Studies, Law and Economics and legal realisms. Though reaching different conclusions, these major legal theories have some common points of departure as to the "law and politics" issue: law and politics tend to keep the features of being two different phenomena as well as of presenting regions of interaction, although with differences as to extent and intensity. Finally, a possible explanation is presented as to why such different legal theories, though often reaching diametric results, somehow must still begin from these common basic points. The explanation for this is found in the specific character of law in the modern state, and the welfare state in particular.

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  • PublisherSpringer
  • Publication date2010
  • ISBN 10 3642093175
  • ISBN 13 9783642093173
  • BindingPaperback
  • Number of pages174

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Book Description Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Clear picture of how contemporary legal theory have described the relations between law and politics their differences and similarities and a possible explanationClear picture of how contemporary legal theory have described the relations between law . Seller Inventory # 5048332

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Book Description Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Politics and the political discourse occupy a central position in the modern legal theoretical discussion. The goal of this book is to reconstruct and to classify, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. In particular, attention is focused on Kelsen, Hart, Finnis, Critical Legal Studies, Law and Economics and legal realisms. Though reaching different conclusions, these major legal theories have some common points of departure as to the 'law and politics' issue: law and politics tend to keep the features of being two different phenomena as well as of presenting regions of interaction, although with differences as to extent and intensity. Finally, a possible explanation is presented as to why such different legal theories, though often reaching diametric results, somehow must still begin from these common basic points. The explanation for this is found in the specific character of law in the modern state, and the welfare state in particular. Seller Inventory # 9783642093173

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