The Unsteady State: General Jurisprudence for Dynamic Social Phenomena

Keith Culver; Michael Giudice

doi:10.1017/9781316471203

Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory.

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Contents

The Unsteady State
pp i-ii
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The Unsteady State - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Acknowledgements
pp vii-viii
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Introduction
pp 1-10
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Part I - Preparing Analytical Legal Theory for New Challenges
pp 11-110
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1 - Pulling Off the Mask of Law
pp 13-33
A Renewed Research Agenda for Analytical Legal Theory
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2 - Making Old Questions New
pp 34-57
Legality, Legal System and State
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3 - Legal Systems and Presumptions of Unity and Validity
pp 58-85
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4 - The Elements of Legal Order
pp 86-110
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Part II - Law, Environment, Security and Technology
pp 111-240
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5 - Globalization, the Preconditions of Legality and Law's Relation to Environment
pp 113-146
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6 - Legality, Security and Leviathan's Ghost
pp 147-178
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7 - Information Communication Technologies and Legal Theory
pp 179-233
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8 - Beyond the Unsteady State
pp 234-240
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Index
pp 241-248
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The Unsteady State

General Jurisprudence for Dynamic Social Phenomena

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Contents

The Unsteady State
pp i-ii

The Unsteady State - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Acknowledgements
pp vii-viii

Introduction
pp 1-10

Part I - Preparing Analytical Legal Theory for New Challenges
pp 11-110

1 - Pulling Off the Mask of Law
pp 13-33

2 - Making Old Questions New
pp 34-57

3 - Legal Systems and Presumptions of Unity and Validity
pp 58-85

4 - The Elements of Legal Order
pp 86-110

Part II - Law, Environment, Security and Technology
pp 111-240

5 - Globalization, the Preconditions of Legality and Law's Relation to Environment
pp 113-146

6 - Legality, Security and Leviathan's Ghost
pp 147-178

7 - Information Communication Technologies and Legal Theory
pp 179-233

8 - Beyond the Unsteady State
pp 234-240

Index
pp 241-248

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The Unsteady State

General Jurisprudence for Dynamic Social Phenomena

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