A Common Theory of Law

This book offers a comprehensive exploration of legal theory tailored specifically to the unique challenges and opportunities faced by post-Soviet states. By presenting an innovative framework known as the common theory of law, it ventures beyond the traditional statist and positivist perspectives that have long dominated legal education in the region. Instead, it views law as a dynamic societal phenomenon and a unifying force that transcends state-centric boundaries.

Grounded in a pluralistic approach, the book integrates insights from diverse legal traditions, including natural law, psychological theories, and libertarian perspectives. It systematically examines foundational concepts such as the nature and origin of law, its principles and functions, and its relationship with society, power, and the state. It also addresses practical dimensions, including the structure and sources of law, legal interpretation, and the major contemporary legal systems.

Designed to enhance legal awareness and foster critical thinking, this book is an invaluable resource for academics, instructors, and students of law, and each chapter concludes with a number of questions for students. Legal practitioners and researchers will also benefit from its holistic perspective and practical applications, making it a vital tool for advancing both a theoretical and practical understanding of law in the post-Soviet region.

Rustam Atadjanov is an Associate Professor of Law at KIMEP University, School of Law in Almaty, Kazakhstan. This is his first textbook for T.M.C. Asser Press; in 2019 his monograph entitled Humanness as a Protected Legal Interest of Crimes against Humanity - Conceptual and Normative Aspects was published in the ICJ Series, while in 2022 both as an editor and an author he contributed to the edited volume International Conflict and Security Law - A Research Handbook.

Provides a holistic, post-Soviet-focused theory of law, bridging regional challenges with global legal insights Integrates diverse legal traditions, fostering critical thinking and a practical understanding of law's societal role Offers a vital resource for educators, students and practitioners, advancing legal education and professional practice

Autorentext

Rustam Atadjanov is an Associate Professor of Law at KIMEP University, School of Law in Almaty, Kazakhstan. This is his first textbook for T.M.C. Asser Press; in 2019 his monograph entitled Humanness as a Protected Legal Interest of Crimes against Humanity - Conceptual and Normative Aspects was published in the ICJ Series, while in 2022 both as an editor and an author he contributed to the edited volume International Conflict and Security Law - A Research Handbook.

Inhalt

1. Introduction.- 2. The Subject of the Common Theory of Law.- 3. Society as a Legal Phenomenon.- 4. Power and State.- 5. Rechtsstaat (State of Law) and Civil Society.- 6. The Notion of Law.- 7. The Main Theories of the Origin and Nature of Law.- 8. The Principles and Functions of Law.- 9. Sources of Law.- 10. System and Structure of Law.- 11. Interpretation of Law.- 12. Lawful Behavior and Legal Responsibility.- 13. Major Contemporary Legal Systems.- 14. Conclusion.- Bibliography.