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Facing the Limits of the Law

  • Editors
  • Bert Keirsbilck
  • Wouter Devroe
  • Erik Claes
Book

Table of contents

  1. Front Matter
    Pages 1-13
  2. Erik Claes, Wouter Devroe, Bert Keirsbilck
    Pages 1-24
  3. Kurt Willems
    Pages 1-12
  4. Bert Keirsbilck
    Pages 1-16
  5. Erik Claes, Michal Krolikowski
    Pages 1-19
  6. René Foqué, Jacques Steenbergen
    Pages 1-32
  7. Stijn Deklerck, Ellen Desmet, Marie–Claire Foblets, Joke Kusters, Jogchum Vrielink
    Pages 1-40
  8. Geertrui Van Overwalle, Esther Van Zimmeren
    Pages 1-28
  9. Mireille Hildebrandt
    Pages 1-22
  10. Erik Claes, Bert Keirsbilck
    Pages 1-40
  11. Back Matter
    Pages 1-7

About this book

Introduction

Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on.

The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Keywords

Characteristics of law Functions of law Limits dogmatics human rights international law justice law legal thinking public international law

Bibliographic information