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1 - Return of the Repressed

from Part I - Sociality

Published online by Cambridge University Press:  03 September 2021

Kaarlo Tuori
Affiliation:
University of Helsinki
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Summary

Law is not only about legal norms, about the normative legal order. It is also about first-order sociolegal practices where legal norms are realised and specialised legal practices where norms are (re)produced and their realisation is guaranteed. Characteristic of modern state law is differentiation. An important aspect of differentiation is abstraction of legal norms from sociolegal practices. In turn, differentiation of norms and practices has enabled the emergence of specialised legal practices, including legal scholarship, with their focus on law as a normative legal order. Yet differentiation does not mean isolation. The normativity of law cannot be accounted for without heeding law’s sociality, nor can sociality be accounted for without heeding normativity. A relational approach is needed: normativity must be related to sociality and vice versa.

Type
Chapter
Information
Properties of Law
Modern Law and After
, pp. 49 - 62
Publisher: Cambridge University Press
Print publication year: 2021

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  • Return of the Repressed
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.004
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  • Return of the Repressed
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.004
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.

  • Return of the Repressed
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.004
Available formats
×