Law's Evolution and Human Understanding
When should we follow the law? How can we know what law's words mean? What iisr law? biLaw's Evolution and Human Understandingrr presents fresh and surprising answers to these questions. In an account alive with the stories of our shared human history, Laurence Claus explains why we should discard the old idea that legal rules tell us what to do, and instead see law as a system of sayings that evolves among humans to help us better iunderstand each otherr. When driving on public roads, when buying and selling, and in countless other aspects of our work and play, we depend on law to let us know what other people are likely to do and to expect of us. Through fast-paced pages of anecdote and argument, biLaw's Evolution and Human Understandingrr explains the revolutionary consequences of seeing law as truly what Oliver Wendell Holmes called it: systematized prediction. The book reveals how this vision of law can transform our thinking about the way we make moral decisions, about the way we read law, and about many other ways that law affects our lives.
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1 What Makes Words Law?
2 How Law Grows Up in a Group
3 The Invention of Because I Said So
4 The Empty Idea of Authority
5 Ideas that Endure
6 When Should We Do What Law Signals?
7 How Law Works
achieve actions and expectations Amendment American Baron de Montesquieu behave behavior C. B. MacPherson charismatic charismatic authority claim common law community’s conformity consent consent theory contribute deciding decision delegated depends divine Due Process duty to obey England English evolve existing law express fact H. L. A. Hart help us understand human community idea of authority institutions issued John Locke Joseph Raz judges king’s law and government law predicts law signals law’s words lawgivers leader leadership legal system legitimacy lives Locke’s Luhmann Max Weber Montesquieu moral duty moral reason moral right morally justified munity nation Niklas Luhmann original public meaning Parliament people’s person Peter Laslett power sharing predictive effectiveness promised to obey punishment reason for action revolution right thing shared understanding social someone sovereignty Supreme Court systematized prediction tell Theory tion tive trans Treatises of Government Tyler’s U.S. Constitution William