Social Construction of Law: Potential and Limits (Elgar Studies in Legal Theory)

Présentation de l'éditeur : "This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies." Présentation de l'éditeur : "This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies." "This ... book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilizing evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed."--Back cover Front Matter Copyright Contents Preface Acknowledgments 1. Introduction PART I THE SOCIAL CONSTRUCTION OF LEGAL SYSTEM 2. Social constructionism and legal theory 3. Conceptual views and political commitments 4. The idea of legal system: one thought too many? PART II NATURAL LIMITS TO LAW’S SOCIAL CONSTRUCTION 5. Conceptual space for a natural core 6. Empirical evidence for social source normativity 7. Methodological implications 8. Conclusion Index