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A NEW LOOK AT THE LEADING ASPECT OF MODERN JURISPRUDENCE FROM PROFESSOR SOMEK An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, âThe Barristerâ Itâs always useful to see a new book which might just help undergraduates understand the complexities of jurisprudence and legal theory. The subject remains disliked by so many law students as they see it as âpoliticalâ, and âdifficultâ to understand complete with all the theorems and names of leading jurisprudents unknown outside our world of philosophy and law⦠plus the strange (to some) concepts of Hart and Dworkin! So, what is this one all about? Professor Alexander Somek states that âlegal theory ought to explain why and how the law matters to our livesâ whilst he admits that there is âan element of the Marxist critique of lawâ. He also writes that a ânew beginning is neededâ. âButâ, he says, âwhere would one go when both legal and positivism and natural law theory drop out of the pictureâ? Step forward, then, a new name: Alexander Somek. He bases his work on a return to what he calls âthe broader theoretical perspective from which modern legal positivism originated in the early work of Hans Kelsen, namely, constructivismâ. This seminal work on what Somek entitles âThe Legal Relationâ âdoes not adopt any particular thinkerâ. As a new âthinkerâ, Somek covers legal theory after legal positivism with a most realistic overview of what we mean by a system of norms. There are six short chapters in total with an introduction and an epilogue in under 200 readable pages. And the author does remain faithful to what he calls âthe original constructivist ethos of modern legal positivismâ. Provocatively, Somek posits the old, old question - what is law? He replies with this comment: âthe usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one anotherâ. He goes on to compound his theory: âwe do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insightâ. One important point, Somek says, is that âin a legal context, we are cast as "character masks" ( from Marx), for example, as "buyer" and "seller" or "landlord" and "tenant"â. The conclusion is that we expect to have our claims respected simply because the law has given us rights. We found the emphasis on âMarx as a jurisprudentâ to be quite helpful with the resurgence of this manâs frightening legacy on the development of human society in so many countries as such an obvious mechanism to create dictatorships. Somek concludes that we donât want to give any other reason for our behaviour other than âthe fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers (us) a conceptual reconstruction of the legal relation on the basis of a critique of legal positivismâ. The book was published on 30th November 2017. We suggest it will be a huge benefit to those students of jurisprudence who seek a higher level of research for their final degree classification.
Imprint | Cambridge UniversityPress |
Country of origin | United Kingdom |
Series | Cambridge Introductions to Philosophy and Law |
Release date | October 2017 |
Availability | Expected to ship within 12 - 17 working days |
Authors | Alexander Somek |
Dimensions | 228 x 152 x 12mm (L x W x T) |
Format | Paperback - Trade |
Pages | 220 |
ISBN-13 | 978-1-316-64800-1 |
Barcode | 9781316648001 |
Categories | |
LSN | 1-316-64800-1 |