The Functions of Law 1st Edition by Kenneth Ehrenberg 0199677476 9780199677474

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ISBN-10 :  0199677476 

ISBN-13 :  9780199677474

Author:  Kenneth M. Ehrenberg 

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law’s nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law’s function. It is also used to argue against those legal positivists who see law’s functions as relatively minor aspects of its nature. This method of conceptualizing law’s nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.

 

The Functions of Law 1st Table of contents:

1. Introduction
2. Concepts, Distinctions, and some Preliminary Remarks on Method
A. Law
B. Function
C. Artifact
D. Institution
E. Law’s Relation to its Function
3. Dworkin: Justifying Force and the Right Answer
A. No Justification Function without Gaps
4. Natural Law
A. Deficiency and Necessity in the Weak Reading
B. What Separates the Weak Reading and Legal Positivism?
5. Legal Positivism as a Functional Explanation of Law
A. The Inclusive/Exclusive Debate
B. Legal Validity, Morality, and Membership Conditions
C. Social Plans vs Institutionalized Abstract Artifacts
6. Metaphysics then Method
A. Instrumentalism and Law’s Function
B. Thomasson on Artifacts and Signaling Functions
C. The Jurisprudent as Modest Joiner
7. Institutions, Artifacts, and Legal Norms
A. The Challenge of Reasons and Normative Theory
B. Enoch’s Answer
C. Authority
D. Obedience and Compliance
E. The Authority of Institutions
F. The Communication of Intention in Institutionalized Artifacts
8. The Functions Themselves
9. Conclusion

 

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