New Essays on the Normativity of Law

New Essays on the Normativity of Law
Title New Essays on the Normativity of Law PDF eBook
Author Stefano Bertea
Publisher Bloomsbury Publishing
Total Pages 336
Release 2011-08-10
Genre Law
ISBN 1847316719

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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.

Dimensions of Normativity

Dimensions of Normativity
Title Dimensions of Normativity PDF eBook
Author David Plunkett
Publisher Oxford University Press
Total Pages 384
Release 2019-01-10
Genre Law
ISBN 0190640413

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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 (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.

Reason, Normativity and Law

Reason, Normativity and Law
Title Reason, Normativity and Law PDF eBook
Author Alice Pinheiro Walla
Publisher
Total Pages 0
Release 2020
Genre Normativity (Ethics).
ISBN 9781786835123

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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.

Kelsen Revisited

Kelsen Revisited
Title Kelsen Revisited PDF eBook
Author Luís Duarte d'Almeida
Publisher Bloomsbury Publishing
Total Pages 426
Release 2014-07-18
Genre Law
ISBN 1782252479

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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.

The Authority of Law

The Authority of Law
Title The Authority of Law PDF eBook
Author Joseph Raz
Publisher
Total Pages 310
Release 1979
Genre Law
ISBN

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This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.

The Roots of Normativity

The Roots of Normativity
Title The Roots of Normativity PDF eBook
Author Joseph Raz
Publisher Oxford University Press
Total Pages 315
Release 2022
Genre Normativity (Ethics)
ISBN 0192847007

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"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"--

From Normativity to Responsibility

From Normativity to Responsibility
Title From Normativity to Responsibility PDF eBook
Author Joseph Raz
Publisher Oxford University Press
Total Pages 290
Release 2011-12-08
Genre Philosophy
ISBN 0199693811

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What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.