Knowing What the Law Is: Legal Theory in a New Key

Knowing What the Law Is: Legal Theory in a New Key

Author
Alexander Somek
Publisher
Hart Publishing
Language
English
Year
2021
ISBN
9781509951291,9781509951321,9781509951314
File Type
pdf
File Size
3.2 MiB

This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.

The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.

Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.

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