Add to ORKGLaw and Justice in Community provides an account of law that privileges the role of custom, which the authors characterise as the living law. In this paper, I argue that the authors' account of law observes the same features as those observed by Hart in his Concept of Law. However, Hart viewed all law through the lens of state law, with the result that he did not identify the purpose of law. Conversely, Barden and Murphy view all law through the lens of the living law, with the result that they do not identify some of the most acute issues raised by pervasive state law. Ultimately, each account is helpful as a corrective to the other
The statement that human life in society is governed by law. The law referred to here is the ...
The concept of ‘living law’ (which refers to informal norms produced by non-state social association...
The concept of ‘living law’ (which refers to informal norms produced by non-state social association...
In 1961, H. L. A. Hart published The Concept of Law, his most extensive and systematic essay in gene...
How do we form communities? How might we form better ones? What is the role of law in that process? ...
How do we form communities? How might we form better ones? What is the role of law in that process? ...
At the beginning of The Concept of Law Hart suggests a mistaken assimilation between conduct that is...
The law presents itself as a body of meaning, open to discovery, interpretation, application, critic...
Law in action is a familiar phrase in legal circles that have come to accept that law on the books ...
Imagine two citizens, one of whom obeys the law only in order to avoid being sanctioned for noncompl...
At the beginning of The Concept of Law Hart suggests a mistaken assimilation between conduct that is...
The law presents itself as a body of meaning, open to discovery, interpretation, application, critic...
The law presents itself as a body of meaning, open to discovery, interpretation, application, critic...
One of the central theses in contemporary jurisprudence is that law is grounded in a social practice...
One of the central theses in contemporary jurisprudence is that law is grounded in a social practice...
The statement that human life in society is governed by law. The law referred to here is the ...
The concept of ‘living law’ (which refers to informal norms produced by non-state social association...
The concept of ‘living law’ (which refers to informal norms produced by non-state social association...
In 1961, H. L. A. Hart published The Concept of Law, his most extensive and systematic essay in gene...
How do we form communities? How might we form better ones? What is the role of law in that process? ...
How do we form communities? How might we form better ones? What is the role of law in that process? ...
At the beginning of The Concept of Law Hart suggests a mistaken assimilation between conduct that is...
The law presents itself as a body of meaning, open to discovery, interpretation, application, critic...
Law in action is a familiar phrase in legal circles that have come to accept that law on the books ...
Imagine two citizens, one of whom obeys the law only in order to avoid being sanctioned for noncompl...
At the beginning of The Concept of Law Hart suggests a mistaken assimilation between conduct that is...
The law presents itself as a body of meaning, open to discovery, interpretation, application, critic...
The law presents itself as a body of meaning, open to discovery, interpretation, application, critic...
One of the central theses in contemporary jurisprudence is that law is grounded in a social practice...
One of the central theses in contemporary jurisprudence is that law is grounded in a social practice...
The statement that human life in society is governed by law. The law referred to here is the ...
The concept of ‘living law’ (which refers to informal norms produced by non-state social association...
The concept of ‘living law’ (which refers to informal norms produced by non-state social association...