Law and power

pp. 135-165

in: Massimo Torre, Massimo La Torre, Law as institution, Berlin, Springer, 2010

Abstract

The fifth chapter resumes the discussion of the relationship between law and power, while power is now conceptualized through the notion of institution. Attention is now devoted to sociology of law and sociological doctrines. Kelsen's solution thus appears more promising, once however power is no longer related to facticity or coercion or sanction, but rather to institutional facts and institutions.