The unsteady state : general jurisprudence for dynamic social phenomena / Keith Culver (University of British Columbia), Michael Giudice (York University).
2017
K370 .C85 2017 (Map It)
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Details
Author
Title
The unsteady state : general jurisprudence for dynamic social phenomena / Keith Culver (University of British Columbia), Michael Giudice (York University).
Published
Cambridge, United Kingdom : Cambridge University Press, 2017.
Copyright
©2017
Call Number
K370 .C85 2017
ISBN
9781107134805
1107134803
1107134803
Description
viii, 248 pages ; 24 cm
System Control No.
(OCoLC)958448957
Summary
"Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? 'The Unsteady State' aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory."-- Provided by publisher.
Note
"Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? 'The Unsteady State' aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Acknowledgements
vii
Introduction
1
pt. I
Preparing Analytical Legal Theory for New Challenges
1.
Pulling Off the Mask of Law: A Renewed Research Agenda for Analytical Legal Theory
13
2.
Making Old Questions New: Legality, Legal System and State
34
3.
Legal Systems and Presumptions of Unity and Validity
58
4.
Elements of Legal Order
86
pt. II
Law, Environment, Security and Technology
5.
Globalization, the Preconditions of Legality and Law's Relation to Environment
113
6.
Legality, Security and Leviathan's Ghost
147
7.
Information Communication Technologies and Legal Theory
179
8.
Beyond the Unsteady State
234
Index
241