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The Creation and Application of Law: A Neglected Distinction
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The Creation and Application of Law: A Neglected Distinction (Hardback)

£65.00
Pre-order for despatch on publication.

Synopsis

This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.

LawJurisprudence & general issuesJurisprudence & philosophy of law Publisher: Bloomsbury Publishing PLC Publication Date: 11/03/2021 ISBN-13: 9781509905225  Details: Type: Hardback Format: Books
Availability: Pre-order for despatch on publication. Pre-Order

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