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The Legal Framework: Institutional Normative Order

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0001
Subject:
Law, EU Law

This book argues that norms belong within normative orders, of which some are, and some are not, institutional in character. A principal example of institutional normative order is law as this ... More


On Normative Order

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0002
Subject:
Law, Philosophy of Law

This chapter argues the importance of understanding the idea of normative — the idea is of our having ways to differentiate right from wrong in what we do, of having common or overlapping conceptions ... More


Geology of the European Union

Deirdre Curtin

in Executive Power of the European Union: Law, Practices, and the Living Constitution

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199264087
eISBN:
9780191718281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264087.003.0001
Subject:
Law, EU Law

This chapter begins with a discussion of scope of the power that is exercised by actors and institutions under the auspices of the European Union (EU). It then outlines the focus of the book: the ... More


Laws and Values: Reflections on Method

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0017
Subject:
Law, Philosophy of Law

This chapter considers and seeks to rebut possible objections that might be raised to the methods adopted in this book in relation to the study of law and legal concepts, and to the line it takes ... More


An Alternative View of Culture and Cultural Change in Eleven Propositions

James Davison Hunter

in To Change the World: The Irony, Tragedy, and Possibility of Christianity Today

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730803
eISBN:
9780199777082
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730803.003.0004
Subject:
Religion, Religion and Society

Ideas do have consequences in history, yet not because those ideas are inherently truthful or obviously correct but rather because of the ways they are embedded in very powerful institutions, ... More


Introduction

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a discussion of the institutional theory of law, which aims to develop a better understanding of law than other current legal theories offer, starting from a ... More


On Institutional Order

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0003
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of queuing as a matter of purely informal normative order grounded in the social conventions of ordinary everyday life. It distinguishes between informal or ... More


Law and the Constitutional State

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0004
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of states, then proceeds to a consideration of constitutions as legal frameworks for states, then reflects on the institutions of public law set up by or under ... More


Primary and Secondary Norms—The Difference between Law and Morality

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0035
Subject:
Law, Philosophy of Law

If a normative order contains not only norms which command a certain behaviour, but also norms which decree sanctions for the nonobservance of norms (as in a positive legal order) and even sanctions ... More


Institutions of Law: An Essay in Legal Theory

Neil MacCormick

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.001.0001
Subject:
Law, Philosophy of Law

This book offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known ‘institutional theory ... More


The State and the Law

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0002
Subject:
Law, EU Law

This chapter explains and vindicates in particular the idea that not every state is a law-state. Essential to the argument is the differentiation between law and politics. Law is institutional ... More


The Benthamite Constitution—Decline and Fall?

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0005
Subject:
Law, EU Law

Thinkers like David Hume and Jeremy Bentham questioned why utility is only a residual principle, and argued that our attachment to the principle of utility can be accounted for in terms of human ... More


Legitimacy, Democracy, and Justice: On the Reflexivity of Normative Orders

Rainer Forst

in Normativity and Power: Analyzing Social Orders of Justification

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198798873
eISBN:
9780191839535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798873.003.0009
Subject:
Political Science, Political Theory

This chapter attempts to provide a reflexive answer to the question of the relationship between the three basic concepts of political normativity. These concepts are: legitimacy, democracy, and ... More


Introduction

Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite

in Regulating Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264070
eISBN:
9780191698903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264070.003.0001
Subject:
Law, Legal Profession and Ethics

For scholars of regulation, the core area of study is ‘regulation’ in the sense of ‘the intentional activity of attempting to control, order or influence the behaviour of others’. It incorporates ... More


The Government of Life: Foucault, Biopolitics, and Neoliberalism

Vanessa Lemm and Miguel Vatter (eds)

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823255962
eISBN:
9780823261284
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823255962.001.0001
Subject:
Philosophy, Political Philosophy

This volume focuses on the relation that Foucault established between the ideas of biopower and biopolitics and the studies of governmentality in his last Courses at the Collège de France and in his ... More


On the Concept of a Justification Narrative

Rainer Forst

in Normativity and Power: Analyzing Social Orders of Justification

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198798873
eISBN:
9780191839535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798873.003.0004
Subject:
Political Science, Political Theory

This chapter examines the concept of a justification narrative. Such a concept serves as a heuristic device to connect the normative dimension of justification that aims at rational persuasion with ... More


Reinsurance Law as an Autonomous Regulatory Regime?: Resistance to Codification and Avoidance of State Jurisdiction in the Twentieth Century

Miloš Vec

in Managing Risk in Reinsurance: From City Fires to Global Warming

Published in print:
2016
Published Online:
December 2016
ISBN:
9780198754916
eISBN:
9780191816406
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198754916.003.0008
Subject:
Business and Management, Finance, Accounting, and Banking, International Business

In this chapter, Miloš Vec looks at the regulatory environment of reinsurance. He describes the law of the global reinsurance industry as a unique, normative order, formed, above all, by the ... More


Summary: analysis and characterisation

Lewis Minkin

in The Blair Supremacy: A study in the politics of Labour's party management

Published in print:
2014
Published Online:
September 2014
ISBN:
9780719073793
eISBN:
9781781706770
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719073793.003.0020
Subject:
Political Science, International Relations and Politics

This chapter gives an overview and characterisation of the form of management politics and power relations under Blair. From the study a broad range of new findings are summarised noting patterns of ... More


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