Description
Book SynopsisAllan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism.
Examining all aspects of law and answering the important question of ‘What is Law?’, this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments.
Trade Review‘Professor Allan Beaver writes this book with lucidity, meticulousness and what is perhaps a rarer virtue in jurisprudential writings, a great sense of humour.... readers of this book will undoubtedly find that each part contains helpful elucidations, forceful arguments and original insights.’ -- Ziyu Liu, The Cambridge Law Journal
‘This book is a sustained and penetrating application of the linguistic and social philosophy of John Searle to legal theory. Convincingly affirming the insufficiently explored interest of Searle’s work in this regard, questions, including the question What is Law?, are posed at a fundamental level, and highly interestingly answered. One initially will hesitate about a work of this ambition, but Beever’s previous critique of the foundations of obligations and of legal reason has allowed him to entertain, and in considerable measure satisfy, such ambition. This could be a path-breaking book.’ -- David Campbell, Lancaster University Law School, UK
Table of ContentsContents: Introduction PART I THE PHILOSOPHY OF LAW AND JURISPRUDENCE 1. Jurisprudence 2. Philosophy PART II THE STRUCTURE OF THE SOCIAL WORLD AND THE ONTOLOGY OF LAW 3. Intentionality 4. Language 5. Background 6. Interpretation 7. Institutions 8. Law PART III RECONSTRUCTING THE PHILOSOPHY OF LAW 9. Directions 10. Rules 11. Normativity 12. Procedure 13. Principles 14. Authority 15. Dualism 16. Morality 17. Understanding 18. Justification 19. Conclusion Bibliography Index
