Boundaries and the Concept of Legal Order

Jurisprudence 2 (1):73-97 (2011)
  Copy   BIBTEX

Abstract

This paper argues that no legal order is possible unless it is bounded in space, time, membership and content, ie that boundaries are an intrinsic feature of the concept of law. In particular, while the organisation of the inside/outside distinction in terms of domestic and foreign state orders is certainly contingent, not so the distinction between inside/outside in terms of the contrast between a space deemed to be a collective's own space and strange places, which is constitutive for any possible legal order. The constitutive role of boundaries for legal order becomes apparent in the face of a-legal behaviour, ie behaviour that contests the distinction between legality and illegality as drawn in the spatial, temporal, subjective and material boundaries of the legal

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,261

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

On legal order: Some criticism of the received view. [REVIEW]Riccardo Guastini - 2000 - Ethical Theory and Moral Practice 3 (3):263-272.
The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
The Role of "Legality" in Kant's Moral Philosophy.Koray Tütüncü - 2007 - The Proceedings of the Twenty-First World Congress of Philosophy 3:29-34.
‘Law and order’ and civil disobedience.Fred R. Berger - 1970 - Inquiry: An Interdisciplinary Journal of Philosophy 13 (1-4):254 – 273.
Institutions of law: an essay in legal theory.Neil MacCormick - 2007 - New York: Oxford University Press.
Legal concepts as inferential nodes and ontological categories.Giovanni Sartor - 2009 - Artificial Intelligence and Law 17 (3):217-251.

Analytics

Added to PP
2011-07-02

Downloads
57 (#282,512)

6 months
8 (#370,225)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references