Facing the Limits of the Law
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Beschreibung
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on.
The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
First book that does not only identify law's limits, but also maps strategies to successfully deal with them Instead of only one area of law, a wide range of areas is covered Not only "edgy" topics but also experiences in daily legal practice are analysed Offers a comprehensive theoretical framework Perspectives from the inside instead of an external account of law's limits Includes supplementary material: sn.pub/extras
Autor*in
Erik Claes
Themen in »Facing the Limits of the Law«
Characteristics of law Functions of law Limits dogmatics human rights international law justice law legal thinking public international law