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)
8 - Orders 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
Law never works in isolation but always in conjunction with other law. This holds for all legal practices, and for all legal speech acts. Laws and court decisions include explicit or implicit references to other laws and decisions, and to other legal norms than only those explicitly applied to the case at hand. Furthermore, surface-level law is not even intelligible without the filter provided by sub-surface layers. The normative legal order possesses an order which makes it into a unity and which provides it with its identity. The question can only be how order, unity, and identity should be conceived of. Here my focus is on order and unity, while below, in discussing the plurality of law in Part III, it is on unity and identity. Yet the link between order, unity, and identity should be kept constantly in mind.
- Type
- Chapter
- Information
- Properties of LawModern Law and After, pp. 148 - 158Publisher: Cambridge University PressPrint publication year: 2021