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Author: Stefano Bertea Publisher: Bloomsbury Publishing ISBN: 1847318231 Category : Law Languages : en Pages : 373
Book Description
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.
Author: Stefano Bertea Publisher: Bloomsbury Publishing ISBN: 1847318231 Category : Law Languages : en Pages : 373
Book Description
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.
Author: David Plunkett Publisher: Oxford University Press ISBN: 0190640413 Category : Law Languages : en Pages : 465
Book Description
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 (insofar as there are any) 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 (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), 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 book are aimed at changing this state of affairs. Dimensions of Normativity 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 the two sub-disciplines.
Author: Luís Duarte d'Almeida Publisher: Bloomsbury Publishing ISBN: 1782252479 Category : Law Languages : en Pages : 426
Book Description
Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
Author: Joseph Raz Publisher: Oxford University Press ISBN: 0192847007 Category : Normativity (Ethics) Languages : en Pages : 315
Book Description
"This book concerns one of the most basic philosophical questions: the explanation of normativity in its many guises. It lays out succinctly the view of normativity that Raz has sought to develop over many decades and determines its contours through some of its applications. In a nutshell, it is the view that understanding normativity is understanding the roles and structures of normative reasons which, when they are reasons for actions, are based on values. The book aims also to clarify the ways in which normative reasons are made for rational beings like us. It brings the account of normativity to bear on many aspects of the lives of rational beings, most abstractly, their agency, more concretely their ability to form and maintain relationships, and live their lives as social beings with a sense of their identity"--
Author: Alice Pinheiro Walla Publisher: ISBN: 9781786835123 Category : Normativity (Ethics). Languages : en Pages : 0
Book Description
How should we act? How should the world be organised? This book offers answers to these questions by analysing Kant's conception of normativity. It presents different applications of Kant's theory of normativity to meta-ethical, moral, juridical and political issues of contemporary relevance.
Author: Stanley L. Paulson Publisher: Oxford University Press ISBN: 9780198763154 Category : Law Languages : en Pages : 820
Book Description
Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Author: R. Jay Wallace Publisher: Clarendon Press ISBN: 0191536997 Category : Philosophy Languages : en Pages : 370
Book Description
Normativity and the Will collects fourteen important _ papers on moral psychology and practical reason by R. Jay _ Wallace, one of the leading philosophers currently working_ in these areas. The papers explore the interpenetration of normative and _ psychological issues in a series of debates that lie at the heart of moral philosophy. Part I, Reason, Desire, and the_ Will, discusses the nexus linking normativity to motivation, including the relations between desire and reasons, the role of normative considerations in explanations of action, and_ the normative commitments involved in willing an end (such_ as the requirement to adopt the necessary means). Part II,_ Responsibility, Identification, and Emotion, looks at _ questions about the rational capacities presupposed by _ accountable agency and the psychic factors that both inhibit and enable identification with what we do. It includes an interpretation of the Nietzschean claim that ressentiment is among the sources of modern moral consciousness. Part III,_ Morality and Other Normative Domains, addresses the _ structure of moral reasons and moral motivation, and the _ relations between moral demands and other normative domains (including especially the requirements of living a _ meaningful human life). _ _ Wallace's treatments of these topics are at once _ sophisticated and engaging. Taken together, they constitute an advertisement for a distinctive way of pursuing issues in moral psychology and the theory of practical reason. The _ book articulates and defends a unified framework for _ thinking about those issues, while offering sustained _ critical discussions of other influential approaches (by _ philosophers such as Korsgaard, McDowell, Nietzsche, Raz, Scanlon, and Williams). It should be of interest to every _ serious student of moral philosophy. _
Author: Khalid Ghanayim Publisher: Springer Nature ISBN: 3030789535 Category : Law Languages : en Pages : 340
Book Description
Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former judges on constitutional courts and international courts, and some of the world’s leading criminal law, public law, and international law scholars – offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.
Author: Desmond Manderson Publisher: Springer ISBN: 0230234739 Category : Philosophy Languages : en Pages : 277
Book Description
This collection brings together major writers and major works on what Emmanuel Levinas means to law, and injects Levinas' provocative ethics right into the heart of living law, radically changing our understanding of both.
Author: Stefano Bertea
Author: Stefano Bertea
Author: David Plunkett
Author: Luís Duarte d'Almeida
Author: Joseph Raz
Author: Alice Pinheiro Walla
Author: Stanley L. Paulson
Author: George Pavlakos
Author: R. Jay Wallace
Author: Khalid Ghanayim
Author: Desmond Manderson