Browse by title

You are looking at 1 - 5 of 5 items :

  • Legal History x
Clear All
You do not have access to this content

Allan Beever

What is law? There is no great mystery. It is a set of status functions. Human beings create these by making status function declarations. ‘It is an offence to…’, ‘In any action for damages…’, ‘The defendant owes the plaintiff a duty of care if…’, and so on. Human beings maintain status functions by making further status function declarations and by using status function indicators. In law, these are wigs, gowns, gavels, forms of address, and so on. We do this because it increases our power. We get away with it only because others accept what we are doing in the sense of collective recognition. The status functions that constitute the law do so because they are collectively recognised as doing so - though there is no reason to think that this collective recognition is unified or stable. Some status functions may be recognised as law in some contexts and not in others. Nothing of any philosophical significance hangs on this, though it can become a matter of dispute in our courts.

This content is available to you

Allan Beever

You do not have access to this content

Law’s Reality

A Philosophy of Law

Allan Beever

Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
This content is available to you

Edited by Helmut P. Aust and Esra Demir-Gürsel

You do not have access to this content

The European Court of Human Rights

Current Challenges in Historical Perspective

Edited by Helmut P. Aust and Esra Demir-Gürsel

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.