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The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less …
This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our …
In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can …
This book develops the rudiments of a sociological perspective on state law and legal theory. It outlines a distinctive approach to theoretical enquiry that offers an improved …
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they …
In almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers. At the same time, there …
This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, …
Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel …
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take …