Jump to ContentJump to Main Navigation
Law and Justice in Community - Oxford Scholarship Online
Users without a subscription are not able to see the full content.

Law and Justice in Community

Garrett Barden and Tim Murphy


This book provides a statement of a general theory of law based on the perspective that ‘law’ exists in all human communities before it is ever posited or in any other sense formally expressed. According to the book, ‘law’ is not only what is variously called ‘positive law’, ‘state law’ or, somewhat misleadingly, ‘human law’. On the contrary, the idea that a living law is an omnipresent feature of human community is a central theme of this book. By ‘living law’ the book means primarily those judgments and choices that in recurrent kinds of circumstances are generally accepted and approved in a ... More

Keywords: jurisprudence, theory of law, justice, living law, ius gentium, customary law, natural justice, conventional justice, natural law, rights

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780199592685
Published to Oxford Scholarship Online: January 2011 DOI:10.1093/acprof:oso/9780199592685.001.0001


Affiliations are at time of print publication.

Garrett Barden, author
Emeritus Professor of Philosophy at University College Cork, Ireland, and Visiting Professor of Law, University of Akureyri, Iceland

Tim Murphy, author
Professor of Law, University of Akureyri, Iceland