Inverting the Norm: Law as the Form of Common Practice

Trevor N. Wedman challenges the traditional view of the state as static and develops a social ontological theory of the law that emphasizes the agency of individuals. He criticizes the Kelsenian conception of the Basic Norm and the Hartian notion of the Rule of Recognition and proposes an alternative conception of the law that operates from the bottom-up,resulting from the reasoned jurisprudential reflection on the reality of meanings and actions.

Format: Hardback
Length: 191 pages
Publication date: 21 November 2022
Publisher: JCB Mohr (Paul Siebeck)

Trevor N. Wedman embarks on a profound exploration to unravel the fundamental underpinnings of modern legal theory. Drawing upon the rich tapestry of ideas from Hobbes to the advancements in the fields of action and language philosophy over the past century, he deconstructs the static notion of the state, revealing it to be intricately interconnected with the actions and reflections of its citizens. Wedman then constructs a social ontological theory of law, wherein the law is not perceived as a mere given but rather as an institutional fact. He critically examines the Kelsenian conception of the Basic Norm and the Hartian notion of the Rule of Recognition, highlighting their shortcomings in accounting for the agency of individuals. In search of an alternative perspective, Wedman turns to the work of one of Kelsen's contemporaries, Felix Somlo. Through Somlo's insights, Wedman proposes a novel conception of the law that operates not from the top-down but from the bottom-up. This approach brings the law itself into sharp focus, as it emerges through the reasoned jurisprudential reflection on the realities of meanings and actions. By delving into these intricate layers, Wedman offers a profound and thought-provoking exploration of the foundations of legal theory, shedding light on the complex interplay between individuals, institutions, and the law itself.

Weight: 412g
Dimension: 163 x 239 x 19 (mm)
ISBN-13: 9783161616914