Dynamics of Law and Morality

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Dynamics of Law and Morality

A Pluralist Account of Legal Interactionism

Methods, theory and philosophy of law Systems of law: mixed systems Public international law: human rights

Author: Wibren van der Burg

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Language: English

Published by: Routledge

Published on: 23rd March 2016

Format: LCP-protected ePub

Size: 16 Mb

ISBN: 9781317035046


Introduction

This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept.

Theoretical Development

Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation.

Ecumenical Approach

In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

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