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Prologue

Elusiveness

Published online by Cambridge University Press:  03 September 2021

Kaarlo Tuori
Affiliation:
University of Helsinki
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Summary

This is a book about modern state law; about sociality, normativity, and plurality as its properties. Towards the end, it is also about what will come after modern state law. Legal Positivism, with Hans Kelsen and H. L. A. Hart as the undisputed Masters, is the dominant legal-theoretical (self-) description of modern state law. The main objective of this essay is to offer a legal-theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law’s sociality is related to normativity, and normativity to sociality. I start with sociality (Part I) and then move on to normativity (Part II), but the reverse order might also have been possible and, indeed, equally warranted. Avoiding Legal Positivism’s fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism’s conceptual universalism with sensitivity to the varieties of law; and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. Part III, dealing with plurality, plays a crucial role in exposing the false pretensions of universalising legal theory. Indigenous, religious, and transnational law demonstrate that the distinctions typical of modern state law are not universal properties of law, and that the language of modern state law is not a universal legal language but merely a vernacular.

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Properties of Law
Modern Law and After
, pp. 1 - 46
Publisher: Cambridge University Press
Print publication year: 2021

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  • Prologue
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.002
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  • Prologue
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Prologue
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.002
Available formats
×