An Institutional Theory of Law: Keeping Law in its Place

Oxford University Press (1998)
Abstract
Peter Morton provides in these pages a fundamental critique of the assumptions of positivist jurisprudence and also puts forth an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law--penal, civil, and public--taking as his starting point a careful analysis of those institutions in a democracy wherein legal language and norms are in fact generated. Offering an original, coherent, and systematic exposition of law in today's society, Morton sheds new light on legal practices and relations by way of a comparison with an ideal type of legal system.
Keywords Law Philosophy  Jurisprudence  Institutions (Philosophy
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Call number K355.M67 1998
ISBN(s) 0198258259   9780198258254
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