Institutions of Lawmarks the long awaited definitive statement of Sir Neil MacCormick's distinctive theory of law as 'institutional normative order'. It takes account of recent developments in the sociology of law to provide a rigorous analysis of the role of law in our society and shows how law creates the conditions for social peace and a thriving economy. In doing so,
Institutions of Lawfills the need for a twenty-first century introduction to legal theory, such as was achieved in the last century by H.L.A. Hart's
The Concept of Law.
Preface
Acknowledgements
Part I: Norm, Institution and Order1. On Normative Order
2. On Institutional Order
3. Law and the Constitutional State
4. A Problem: Rules or Habits?
Part II: Legal Positions and Relations5. On Persons
6. Wrongs and Duties
7. Rights and Obligations
8. Legal Relations and Things: Property
9. Legal Powers and Validity
Part III: Law State and Civil Society10. Powers and Public Law: Law and Politics
11. Constraints on Power: Fundamental Rights
12. Criminal Law and Civil Society: Law and Morality
13. Private Law and Civil Society: Law and Economy
Part IV: Law, Value and Method14. Positive Law and Moral Autonomy
15. On Law and Justice
16. Laws and Values: Reflections on Method
MacCormick's general theory of law finds his most detailed expression in Institutions of Law. This book...is an elucidation of the concept of law as a kind of institutional normative order realised prominently...in the modern state.
--Cristobal Orrego, University of the Andes, Chile, Jurisprudence
The late
Neil MacCormick, formerly Regius Professor Emeritus of Public Law and the Law of Nature and Nations in the University of Edinburgh