The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

Cambridge University Press (2017)
  Copy   BIBTEX

Abstract

Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 90,616

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Legality's Borders: An Essay in General Jurisprudence.Keith Charles Culver - 2010 - Oxford University Press. Edited by Michael Giudice.
Teoría general Del derecho.William Twining - 2005 - Anales de la Cátedra Francisco Suárez 39:597-688.
How the New ICTs Matter to the Theory of Law.Keith Culver - 2004 - Canadian Journal of Law and Jurisprudence 17 (2):255-268.
The Concept of Family in Lithuanian Law.Gediminas Sagatys - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):181-196.
Socio-Legal Positivism and a General Jurisprudence.Brian Z. Tamanaha - 2001 - Oxford Journal of Legal Studies 21 (1):1-32.
A Short History of Western Legal Theory.J. M. Kelly - 1992 - Oxford University Press UK.

Analytics

Added to PP
2016-10-09

Downloads
3 (#1,519,925)

6 months
2 (#668,348)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Michael Giudice
York University

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references