The Materiality of the Legal Order

This Element explores the relationship between societal organization and legal orders, focusing on the question of materiality. It highlights the neglect of this relationship and provides an overview of three main approaches: materialism, legal institutionalism, and the new materialism. It suggests looking for a footing approach in the metaphysics of relations and the political economy of legal orders.

Format: Paperback / softback
Length: 75 pages
Publication date: 19 May 2022
Publisher: Cambridge University Press

The Element aims to explore the relationship between societal organization and legal orders, delving into the question of materiality. It acknowledges that this relationship has often been overlooked or inadequately addressed, resulting in a lack of visibility and reductive interpretations. This Element seeks to rectify this by providing an overview of the three primary approaches to legal philosophy: materialism, legal institutionalism, and the new materialism.

Materialism, rooted in the works of Karl Marx and Friedrich Engels, posits that law is a product of social and economic forces. It emphasizes the material conditions that shape legal systems and their enforcement, highlighting the influence of class struggle and economic inequality on legal outcomes. Legal institutionalism, on the other hand, emphasizes the role of institutions, such as courts and legislatures, in shaping legal norms and practices. It explores how these institutions create and maintain legal orders, and how they interact with social and economic forces.

The new materialism, a hybrid approach that combines elements of materialism and legal institutionalism, emphasizes the interdependence of law and society. It recognizes that legal orders are not static but are constantly evolving and adapting to changing social and economic conditions. The new materialism highlights the role of technology, globalization, and other social forces in shaping legal orders and their enforcement.

In the final section of the Element, the author suggests exploring the study of materiality in two fields: the metaphysics of relations and the political economy of legal orders. The metaphysics of relations focuses on the nature of relations between entities and their interdependence, while the political economy of legal orders examines the economic and political factors that influence the creation and maintenance of legal orders. By integrating these two fields, the author proposes a holistic understanding of the relationship between societal organization and legal orders, shedding light on the complex and multifaceted nature of materiality in the legal realm.

In conclusion, the Element aims to provide a comprehensive exploration of the relationship between societal organization and legal orders, focusing on the question of materiality. By highlighting the neglect of this relationship and providing an overview of the three main approaches to legal philosophy, the Element seeks to contribute to a more nuanced and comprehensive understanding of legal orders and their role in shaping society. The author suggests exploring the study of materiality in two fields, the metaphysics of relations and the political economy of legal orders, to gain a deeper understanding of the complex and multifaceted nature of this relationship.

Weight: 124g
Dimension: 152 x 228 x 7 (mm)
ISBN-13: 9781009009669