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Law as Institution

  • Book
  • © 2010

Overview

Authors:
  1. Massimo La Torre

    1. Valencia, Spain

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  • It is a general account of the concept of law from an analytically and sociologically oriented philosophical perspective A fresh and comprehensive restatement of an institutional theory of law
  • An attempt of reconnecting political theory, legal theory, and moral philosophy within the framework of a general theory of meaning A reconstruction of the concepts of political power by the use of post-positivist theory of meaning, old and new legal institutionalism, and discourse theory

Part of the book series: Law and Philosophy Library (LAPS, volume 90)

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Law and Power

    1. Front Matter

      Pages 1-1
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    2. Two Opposing Conceptions

      • Massimo La Torre
      Pages 3-23

    3. The Normativist View

      • Massimo La Torre
      Pages 25-57

  3. Language, Norms, Institutions

    1. Front Matter

      Pages 59-59
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    2. Meaning and Norm

      • Massimo La Torre
      Pages 61-96

    3. Law as Institution

      • Massimo La Torre
      Pages 97-134

    4. Law and Power

      • Massimo La Torre
      Pages 135-165

  4. Meaning and Values

    1. Front Matter

      Pages 167-167
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    2. Meaning and Value Judgements

      • Massimo La Torre
      Pages 169-192

    3. Value Judgements and Justification

      • Massimo La Torre
      Pages 193-227

  5. Epilogue

    1. Front Matter

      Pages 229-229
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    2. Law and Morality

      • Massimo La Torre
      Pages 231-260

  6. Back Matter

    Pages 261-271
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Keywords

About this book

This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.

Authors and Affiliations

  • Valencia, Spain

    Massimo La Torre

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