new essays on the normativity of law law and practical reason

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New Essays On The Normativity Of Law

Author : Stefano Bertea
ISBN : 9781847318237
Genre : Law
File Size : 25. 17 MB
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An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law: the theory of planning agency, legal conventionalism and the constitutivist approach. While the essays presented here do not aspire to give an exhaustive picture of these debates - an aspiration that would be, by its very nature, unrealistic - they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity. In pursuing this objective, these essays also encourage a dialogue between different traditions of study of legal normativity, stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and, ultimately, to arrive at a more comprehensive account of the normativity of law.

Between Authority And Interpretation

Author : Joseph Raz
ISBN : 9780191580345
Genre : Law
File Size : 33. 13 MB
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In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Reasons And Intentions In Law And Practical Agency

Author : George Pavlakos
ISBN : 9781107070721
Genre : Law
File Size : 30. 75 MB
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A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

Kelsenian Legal Science And The Nature Of Law

Author : Peter Langford
ISBN : 9783319518176
Genre : Law
File Size : 58. 24 MB
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This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

Dimensions Of Normativity

Author : David Plunkett
ISBN : 9780190640415
Genre : Law
File Size : 64. 47 MB
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Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics--questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second-order questions about law--questions not in the law, but rather ones about our thought and talk about the law, and how legal facts fit into reality. Put more roughly, metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this volume are aimed at changing this state of affairs. The volume collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between metaethics and jurisprudence.

Kant On Practical Justification

Author : Mark Timmons
ISBN : 9780195395686
Genre : Philosophy
File Size : 62. 54 MB
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This volume of new essays provides a comprehensive and structured examination of Kant's justification of norms, a crucial but neglected theme in Kantian practical philosophy. The essays engage with the view that a successful account of justification of normative claims has to be non-metaphysical and go on to pursue further implications in ethics, legal and political philosophy, and philosophy of religion.

Legal Rights

Author : Paulos Z. Eleutheriadēs
ISBN : 9780199545285
Genre : Law
File Size : 30. 45 MB
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How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official actsuitably communicated. But how can any such legal enactment recreate the proper force of rights? Rights take their meaning and importance from moral reflection, which only expresses itself in practical reasoning. This puzzle about rights invites a reconsideration of the nature and methods of legaldoctrine and of jurisprudence itself. Legal Rights argues that the theory of law and legal concepts is a project of moral and political philosophy, the best account of which is to be found in the social contract tradition. It outlines an argument according to which legal rights can be justified before equal citizens under the constraints of public reason. The place of rights in law is explained by the unique position of law as an essential component of the civil condition and a necessarycondition for freedom

Practical Conflicts

Author : Peter Baumann
ISBN : 0521012104
Genre : Philosophy
File Size : 62. 12 MB
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Practical conflicts pervade human life. Agents have many different desires, goals, and commitments, all of which can come into conflict with each other. How can practical reasoning help to resolve these practical conflicts?In this collection of new essays a distinguished roster of philosophers analyze the diverse forms of practical conflict. Their aim is to establish an understanding of the sources of these conflicts, to investigate the challenge they pose to an adequate conception of practical reasoning, and to assess the degree to which that challenge can be met.

The Law In Philosophical Perspectives

Author : Luc Wintgens
ISBN : 0792357965
Genre : Law
File Size : 28. 1 MB
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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Theorie Der Wortlautgrenze

Author : Matthias Klatt
ISBN : STANFORD:36105063834019
Genre : Forensic oratory
File Size : 57. 52 MB
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