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Properties of Law Kaarlo Tuori (University of Helsinki)

Properties of Law By Kaarlo Tuori (University of Helsinki)

Properties of Law by Kaarlo Tuori (University of Helsinki)


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Summary

The book is a study of legal theory, written in a style which makes it accessible to both academics and the general reader. The book offers a view of modern law alternative to prevalent legal positivism, dominated by the towering figures of Hans Kelsen and H. L. A. Hart.

Properties of Law Summary

Properties of Law: Modern Law and After by Kaarlo Tuori (University of Helsinki)

Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

About Kaarlo Tuori (University of Helsinki)

Kaarlo Tuori is Professor Emeritus at the Faculty of Law, University of Helsinki, Finland. He has led a Centre of Excellence in European Law and Polity, financed by Academy of Finland, 20082013, and has served as a counsellor to the Constitutional Law Committee of Parliament and as a Member of the Venice Commission of the Council of Europe (1998).

Table of Contents

Part I. Sociality: 1. Return of the repressed; 2. Social practices; 3. Socio-legal practices; 4. Specialized legal practices; 5. Legal discourse; Part II. Normativity: 6. Specificities of legal normativity; 7. Layers of law; 8. Orders of law; 9. Morality of law; 10. Constitution; Part III. Plurality: 11. The black-box view; 12. Non-state law; 13. From simple diversity to interlegality and pluralism; 14. Unity under post-national plurality; Epilogue: Incertitude.

Additional information

NPB9781108948807
9781108948807
1108948804
Properties of Law: Modern Law and After by Kaarlo Tuori (University of Helsinki)
New
Paperback
Cambridge University Press
2023-04-06
314
N/A
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