Book contents
- Properties of Law
- Law in Context
- Properties of Law
- Copyright page
- Contents
- Preface
- Prologue
- Part I Sociality
- Part II Normativity
- 6 Specificities of Legal Normativity
- 7 Layers of Law
- 8 Orders of Law
- 9 Morality of Law
- 10 Constitution
- Part III Plurality
- Epilogue
- References
- Index
- Other Books in the Series (continued from page iv)
7 - Layers of Law
from Part II - Normativity
Published online by Cambridge University Press: 03 September 2021
- Properties of Law
- Law in Context
- Properties of Law
- Copyright page
- Contents
- Preface
- Prologue
- Part I Sociality
- Part II Normativity
- 6 Specificities of Legal Normativity
- 7 Layers of Law
- 8 Orders of Law
- 9 Morality of Law
- 10 Constitution
- Part III Plurality
- Epilogue
- References
- Index
- Other Books in the Series (continued from page iv)
Summary
Few legal scholars would deny the influence of legal culture on legal interpretation and argumentation, although agreement on what legal culture consists of could be difficult to attain. One of the central tenets of this essay is that legal culture not only impacts legal interpretation and reasoning but forms an integral part of law. The normative legal order is not made up merely of surface-level norms produced by formal legal speech acts; it also includes sub-surface, legal-cultural layers. This claim is likely to raise severe opposition, in particular in the legal positivist camp. How do I warrant my claim?
- Type
- Chapter
- Information
- Properties of LawModern Law and After, pp. 138 - 147Publisher: Cambridge University PressPrint publication year: 2021