Overview
- Clear picture of how contemporary legal theory have described the relations between law and politics their differences and similarities and a possible explanation
- Includes supplementary material: sn.pub/extras
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Table of contents (6 chapters)
Keywords
About this book
Politics and the political discourse occupy a central position in the modern legal theoretical discussion. The goal of this book is to reconstruct and to classify, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. In particular, attention is focused on Kelsen, Hart, Finnis, Critical Legal Studies, Law and Economics and legal realisms. Though reaching different conclusions, these major legal theories have some common points of departure as to the "law and politics" issue: law and politics tend to keep the features of being two different phenomena as well as of presenting regions of interaction, although with differences as to extent and intensity. Finally, a possible explanation is presented as to why such different legal theories, though often reaching diametric results, somehow must still begin from these common basic points. The explanation for this is found in the specific character of law in the modern state, and the welfare state in particular.
Authors and Affiliations
Bibliographic Information
Book Title: Law and Politics
Book Subtitle: A Dilemma for Contemporary Legal Theory
Authors: Mauro Zamboni
DOI: https://doi.org/10.1007/978-3-540-73926-5
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2008
Hardcover ISBN: 978-3-540-73925-8Published: 26 October 2007
Softcover ISBN: 978-3-642-09317-3Published: 19 October 2010
eBook ISBN: 978-3-540-73926-5Published: 25 October 2007
Edition Number: 1
Number of Pages: VIII, 166
Topics: Theories of Law, Philosophy of Law, Legal History, Fundamentals of Law, Philosophy of Law, Political Science