| Description |
1 online resource (xii, 216 pages) |
| Contents |
Cover; The Functions of Law; Copyright; Dedication; Table of Contents; List of Abbreviations; 1. Introduction; 2. Concepts, Distinctions, and some Preliminary Remarks on Method; A. Law; B. Function; C. Artifact; D. Institution; E. Law's Relation to its Function; 3. Dworkin: Justifying Force and the Right Answer; A. No Justification Function without Gaps; 4. Natural Law; A. Deficiency and Necessity in the Weak Reading; B. What Separates the Weak Reading and Legal Positivism?; 5. Legal Positivism as a Functional Explanation of Law; A. The Inclusive/Exclusive Debate |
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B. Legal Validity, Morality, and Membership ConditionsC. Social Plans vs Institutionalized Abstract Artifacts; 6. Metaphysics then Method; A. Instrumentalism and Law's Function; B. Thomasson on Artifacts and Signaling Functions; C. The Jurisprudent as Modest Joiner; 7. Institutions, Artifacts, and Legal Norms; A. The Challenge of Reasons and Normative Theory; B. Enoch's Answer; C. Authority; D. Obedience and Compliance; E. The Authority of Institutions; F. The Communication of Intention in Institutionalized Artifacts; 8. The Functions Themselves; 9. Conclusion; References; Index |
| Summary |
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. To support this claim law is explained as a kind of institution and as a kind of artefact, providing a novel understanding of law's nature |
| Bibliography |
Includes bibliographical references (pages 199-209) and index |
| Notes |
English |
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Online resource; title from PDF cover image (University press scholarship online, viewed June 1, 2016) |
| Subject |
Law -- Philosophy.
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Law -- Philosophy
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Jurisprudence & general issues.
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Law.
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| Form |
Electronic book
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| ISBN |
0191758353 |
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9780191758355 |
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019166846X |
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9780191668463 |
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