Three Conceptions of Law in Democratic Theory

نویسندگان

چکیده

Abstract Democratic theory tends to proceed on the assumption that law requires democratic legitimation because it is coercive. However, claim distinct from claims about nature of law. This paper takes issue with notion coercive by an exploration three understandings law: state-based conception law, as rules institutionalized normative systems, and social norms. Drawing insights legal theory, defends view ‘law’ which apply are conduct systems. Since belong such systems found in associations beyond or below level state, scope participation significantly wider than usually recognized.

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ژورنال

عنوان ژورنال: The Canadian Journal of Law and Jurisprudence

سال: 2022

ISSN: ['0841-8209', '2056-4260']

DOI: https://doi.org/10.1017/cjlj.2022.22