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The Unsteady State
General Jurisprudence for Dynamic Social Phenomena

$28.00 USD

  • Date Published: March 2017
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108146647

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  • 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 the 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.

    • Develops an account of general jurisprudence not restricted to state contexts, and will appeal to those who wish to understand law across several geographical and non-geographical levels
    • Proposes a view of analytical jurisprudence which is appropriately responsive to new phenomena, and will be of interest to students and academics in philosophy as well as those in empirical legal studies
    • Combines theoretical investigation of law with sustained attention to real examples, demonstrating to readers a way in which abstract philosophy of law can be applied in practice
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    Product details

    • Date Published: March 2017
    • format: Adobe eBook Reader
    • isbn: 9781108146647
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Introduction
    Part I. Preparing Analytical Theory for New Challenges:
    1. Pulling off the mask of law: a renewed research agenda for analytical legal theory
    2. Making old questions new: legality, legal system, and state
    3. Legal systems and presumptions of unity and validity
    4. The elements of legal order
    Part II. Law, Environment, Security, and Technology:
    5. Globalization, the predictions of legality, and law's relation to environment
    6. Legality, security, and Leviathan's ghost
    7. Information communication technologies and legal theory
    8. Beyond the unsteady state.

  • Authors

    Keith Culver, University of British Columbia
    Keith Culver is Professor and Associate Dean of the Faculty of Management, University of British Columbia, Canada. His research focuses on the intersection of sustainability, jurisprudence and knowledge mobilization for innovation.

    Michael Giudice, York University
    Michael Giudice is Associate Professor in the Department of Philosophy at York University, Toronto. His research focuses on the philosophy of law and associated areas in political and moral philosophy.

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