David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Jurisprudence 2 (1):73-97 (2011)
This paper argues that no legal order is possible unless it is bounded in space, time, membership and content, ie that boundaries are an intrinsic feature of the concept of law. In particular, while the organisation of the inside/outside distinction in terms of domestic and foreign state orders is certainly contingent, not so the distinction between inside/outside in terms of the contrast between a space deemed to be a collective's own space and strange places, which is constitutive for any possible legal order. The constitutive role of boundaries for legal order becomes apparent in the face of a-legal behaviour, ie behaviour that contests the distinction between legality and illegality as drawn in the spatial, temporal, subjective and material boundaries of the legal
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Riccardo Guastini (2000). On Legal Order: Some Criticism of the Received View. [REVIEW] Ethical Theory and Moral Practice 3 (3):263-272.
Hans Lindahl (2008). Border Crossings by Immigrants: Legality, Illegality, and Alegality. Res Publica 14 (2):117-135.
Francois Chevrette & Hugo Cyr, Legal Positivism? What Are You Talking About? ('De Quel Positivisme Parlez-Vous?').
Jean D'Aspremont & Frédéric Dopagne, Two Constitutionalisms in Europe: Pursuing an Articulation of the European and International Legal Orders.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Pavlos Eleftheriadis (forthcoming). The Law of Laws. Transnational Legal Theory 1 (3).
Koray Tütüncü (2007). The Role of "Legality" in Kant's Moral Philosophy. The Proceedings of the Twenty-First World Congress of Philosophy 3:29-34.
Jennifer Hendry & Daniel Augenstein, The 'Fertile Dilemma of Law': Legal Integration and Legal Cultures in the European Union.
Fred R. Berger (1970). 'Law and Order' and Civil Disobedience. Inquiry 13 (1-4):254 – 273.
Elena Pribytkova (2009). Personality, Person, Subject in Russian Legal Philosophy at the Turn of the Twentieth Century. Studies in East European Thought 61 (2/3):209 - 220.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Giovanni Sartor (2009). Legal Concepts as Inferential Nodes and Ontological Categories. Artificial Intelligence and Law 17 (3):217-251.
Added to index2011-07-02
Total downloads25 ( #66,711 of 1,096,734 )
Recent downloads (6 months)1 ( #273,068 of 1,096,734 )
How can I increase my downloads?