Chapter

<i>The Legal Framework: Institutional Normative Order</i>

Neil MacCormick

in Questioning Sovereignty

Published in print October 1999 | ISBN: 9780198268765
Published online January 2010 | e-ISBN: 9780191713118 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268765.003.0001

Series: Law, State, and Practical Reason

The Legal Framework: Institutional Normative Order

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This book argues that norms belong within normative orders, of which some are, and some are not, institutional in character. A principal example of institutional normative order is law as this appears within contemporary states — municipal positive law. Law as institutional normative order is conceptually distinct from morality and from politics. By focusing on an idea of institutional normative order, one negates the existence of any analytically necessary nexus between law and state. Law is institutional normative order, and state-law is simply one form of law. Conversely, the state is a form of territorial political order with some internal power-structure and power-relations, and the law-state is simply one form of state. This opens the question what are the possible, and the proper, relationships between state and law.

Keywords: institutional normative order; normative order; morality; state; state and law; politics; state-law; law-state

Chapter.  8439 words. 

Subjects: EU Law

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