A Definition of the Concept of Law

Johnson, Alan

doi:10.17161/str.1808.4803

Cited by 1 publication

(2 citation statements)

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“…Rather they all belong to the same continuum with imperceptible transitions leading from one to the other.' (Johnson, 1977, p. 51, referring to Weber, 1954.…”

Section: (I) Continuum and Networkmentioning

confidence: 99%

“…Some socio-legal researchers have argued that law consists of 'a body of statements and legal action'. Legal action is only that 'set of organized activities which express or implement the body of statements', such as creating, interpreting, enforcing and adjudicating formal legal rules (Johnson, 1977, pp. 49, 50, referring to Selznick, 1961.…”

Section: What Is ôLaw In Actionõ? (A) Introductionmentioning

confidence: 99%

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Searching for the best available techniques – open and closed norms in the implementation of the EU Directive on Integrated Pollution Prevention and Control

Lange

2006

IJC

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This paper argues that sociological analysis of law, and in particular the idea of 'law in action', can generate richer accounts of the role of law in EU integration than research which relies only on supranational and national legal systems' own internal description of the legal field. A 'law in action' concept directs attention to intersections between a 'legal' and a 'social' sphere. While 'law in action' is often perceived in the literature as a normative order, this paper argues that variation in normative openness and closure is an important facet of the 'law in action'. This argument is developed through an analysis of qualitative empirical data about the implementation of the EU Directive on Integrated Pollution Prevention and Control (IPPC 96/61/EC). The first part of the paper highlights limits of formal, instrumental and quasi-autonomous conceptions of law in EU integration. The second part develops the idea that 'law in action' is a conceptual device for analysing intersections between a 'legal' and a 'social' sphere. It also argues that political dynamics matter in such intersections. The third and final part of the paper draws on the data and suggests that norm closure is only sometimes achieved in determinations of what constitutes 'the best available techniques' (BAT). BAT is the key legal obligation which the IPPC Directive imposes on operators of mainly industrial installations.

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“…Rather they all belong to the same continuum with imperceptible transitions leading from one to the other.' (Johnson, 1977, p. 51, referring to Weber, 1954.…”

Section: (I) Continuum and Networkmentioning

confidence: 99%

Section: What Is ôLaw In Actionõ? (A) Introductionmentioning

confidence: 99%