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11 - The Black-Box View

from Part III - Plurality

Published online by Cambridge University Press:  03 September 2021

Kaarlo Tuori
Affiliation:
University of Helsinki
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Summary

This essay employs the perspective of modern state law. In this Part, I discuss developments which problematise the taken-for-granted state-centrist features of my framework. I have already questioned two of the foundational reductions of Legal Positivism: law’s reduction to normativity and legal normativity’s reduction to its surface level. The time has come to attack even the third one: the reduction of law to state law. The rise of non-state law has profoundly altered the setting for examining the plurality of law. Yet in the following the dominant perspective from which non-state law will be examined will still be that of state law. The conceptual language will be the legal language of modern state law, and the distinctions that govern my approach to non-state law derive from this particular type of law.

Type
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Information
Properties of Law
Modern Law and After
, pp. 205 - 214
Publisher: Cambridge University Press
Print publication year: 2021

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  • The Black-Box View
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.016
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  • The Black-Box View
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.016
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.

  • The Black-Box View
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.016
Available formats
×