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8 - Orders of Law

from Part II - Normativity

Published online by Cambridge University Press:  03 September 2021

Kaarlo Tuori
Affiliation:
University of Helsinki
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Summary

Law never works in isolation but always in conjunction with other law. This holds for all legal practices, and for all legal speech acts. Laws and court decisions include explicit or implicit references to other laws and decisions, and to other legal norms than only those explicitly applied to the case at hand. Furthermore, surface-level law is not even intelligible without the filter provided by sub-surface layers. The normative legal order possesses an order which makes it into a unity and which provides it with its identity. The question can only be how order, unity, and identity should be conceived of. Here my focus is on order and unity, while below, in discussing the plurality of law in Part III, it is on unity and identity. Yet the link between order, unity, and identity should be kept constantly in mind.

Type
Chapter
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Properties of Law
Modern Law and After
, pp. 148 - 158
Publisher: Cambridge University Press
Print publication year: 2021

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  • Orders of Law
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.012
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  • Orders of Law
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Orders of Law
  • Kaarlo Tuori, University of Helsinki
  • Book: Properties of Law
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953436.012
Available formats
×