The Constitution of the Legal Relation

Name: The Constitution of the Legal Relation
Price: 180 AUD
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ISBN: 9781509979226

A Pragmatist Philosophy of Law

Alexander Somek (University of Vienna, Austria)

$180

Hardback

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English

Hart Publishing
05 March 2026

Jurisprudence & philosophy of law

This book defends the relational approach to law.

It begins by exploring how law is constituted in the context of either rational or reasonable conduct. Having identified reasonableness as the unifying theme of natural law theories, it argues that the form and authority of law originate in the practical resolution of a moral antinomy that these theories leave unaddressed.

The reasonableness of law lies in the structure and principles of relations in which rights are correlated with obligations and powers with liabilities. Rather than descending upon us from above in the form of directives, law emerges from our interactive efforts to cope with persistent moral disagreements.

Ultimately, the relational approach views the legal rules governing our interactions as expressions of a common will. The book concludes that, unsurprisingly, modern constitutionalism represents a thoroughly pragmatic and most defensible conception of the authority of law.

By: Alexander Somek (University of Vienna Austria)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 154mm, Spine: 22mm
Weight: 580g
ISBN: 9781509979226
ISBN 10: 1509979220
Pages: 304
Publication Date: 05 March 2026
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

1. Skepticism and Agreement 2. The Point of Legal Philosophy 3. The Rational Perspective on Overpowering Force 4. A Modest Primer on Reasonableness 5. Soul and the City 6. The Best and Most Feasible 7. Natural Law: Its Problem 8. Natural Law: Trajectories 9. The Enigma of Authority 10. Relational Approaches 11. The Enigma of Morality 12. The Indeterminacy of Law

Alexander Somek is Professor of Legal Philosophy at the University of Vienna, Austria.