Wissen des Rechts

by Alexander Somek

Positive law is the object of legal studies. But what is its subject? Is it legal scholarship qua mystical collective body? Is it the courts? Or is it, possibly, the law itself? The main thrust of this volume is to defend the claim that the law is not only the object of legal knowledge, but also its subject. The key to unlocking this somewhat mysterious claim is a theory of the sources of law. These can be understood as forms of judgement, for example in the form of the assertion that something does not work because it has never existed (customary law), or that something is not allowed...