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9780198258254

An Institutional Theory of Law Keeping Law in Its Place

by
  • ISBN13:

    9780198258254

  • ISBN10:

    0198258259

  • Format: Hardcover
  • Copyright: 1998-04-23
  • Publisher: Oxford University Press
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List Price: $213.33

Summary

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.

Table of Contents

Abbreviations xi
1: Taking institutions seriously
1(10)
2: Institutional forms
11(45)
3: The institutional theory of law
56(19)
4: Criminal law
75(76)
5: Civil law
151(63)
6: Legal rights
214(25)
7: The ideal constitution of the democratic polity
239(55)
8: Public law
294(65)
9: Legal foundationalism
359(30)
Bibliography 389(22)
Index 411

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