Introduction. The pursuit of theory; 1. Late legal positivism; 2. Legality and irony; 3. Legal science and the common law; 4. The legal relation; 5. Equality, freedom and dignity; 6. The quest for agency.
This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
Alexander Somek is Professor of Legal Philosophy at Universität Wien, Austria and Global Affiliated Professor of Law at the University of Iowa, where he previously held the position of the Charles E. Floete Chair in Law. He has been a Fellow of the Institute for Advanced Study in Berlin, a LAPA fellow, and visiting professor at Princeton University, New Jersey, and at the London School of Economics. He is the author of eleven books.
'Alexander Somek, at the height of his powers, has already enjoyed
a long and distinguished career. He is, unlike most of us,
altogether at home in both worlds – the Anglophone world with its
myopia and the Continental European world with its vast
perspectives but, all too often, with analysis that falls short of
the mark. Alexander Somek brings the best of both worlds together,
and his manuscript is a welcome effort to redress the balance in
favor of, as he puts it, a post-legal positivist theory of law.'
Stanley L. Paulson, Washington University, St. Louis
'A mature masterpiece equaling Hart's Concept of Law or Dworkins
Law's Empire in jurisprudential ambition, originality and
sophistication, The Legal Relation is the most important
Continental European contribution to jurisprudence in the new
millennium.' Mattias Kumm, Inge Rennert Proffessor of Law at the
New York University School of Law and Professor of Global Public
Law in the Berlin Social Science Center
'With this bold and provocative book, Somek brilliantly reimagines
legal positivism. Every legal philosopher must read this book. The
argument is imaginative, penetrating, and ultimately convincing.'
Dennis Patterson, Board of Governors Professor of Law, Rutgers Law
School, Camden, New Jersey
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