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An Institutional Theory of Law: New Approaches to Legal Positivism

Neil MacCormick, Ota Weinberger

Abstract

The Norm as Thought and as Reality.- Law as Institutional Fact.- Facts and Fact-Descriptions.- On Analytical Jurisprudence.- Beyond Positivism and Natural Law.- Law, Morality and Positivism.- The Analytico-Dialectical Theory of Justice: A Sketch of an Action-Theoretical and Non-Cognitivist Theory of Justice.- Institutional Morality and the Constitution.- The Limits of Rationality in Legal Reasoning.- The Conditio Humana and the Ideal of Justice.

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Key concepts: Legal positivism, Jurisprudence, Positivism, Morality, Rationality, Law, Philosophy of law, Natural law