ABSTRACT
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
TABLE OF CONTENTS
chapter |4 pages
Introduction
part |72 pages
Habermas's Understanding of Law
chapter |25 pages
Law in the Theory of Communicative Action
chapter |19 pages
Law in Between Facts and Norms
chapter |24 pages
Law in the Postnational Constellation
part |90 pages
Hart's Concept of Law Reconsidered
chapter |8 pages
Situating the Debate Between Habermas and Hart
chapter |22 pages
Primary Rules of Obligation
chapter |19 pages
Establishing Institutions
chapter |12 pages
The Variety of Legal Systems
chapter |26 pages
Relations Between Legal Systems
part |37 pages
Law in a Transnational Perspective