Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
New Essays On The Normativity Of Law
Download New Essays On The Normativity Of Law full books in PDF, epub, and Kindle. Read online New Essays On The Normativity Of Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis New Essays on the Normativity of Law by : Stefano Bertea
Download or read book New Essays on the Normativity of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2011-08-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dimensions of Normativity by : David Plunkett
Download or read book Dimensions of Normativity written by David Plunkett and published by Oxford University Press. This book was released on 2019-01-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis New Essays on the Normativity of Law by : Stefano Bertea
Download or read book New Essays on the Normativity of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2011-08-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reason, Normativity and Law by : Alice Pinheiro Walla
Download or read book Reason, Normativity and Law written by Alice Pinheiro Walla and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Kelsen Revisited by : Luís Duarte d'Almeida
Download or read book Kelsen Revisited written by Luís Duarte d'Almeida and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Authority of Law by : Joseph Raz
Download or read book The Authority of Law written by Joseph Raz and published by . This book was released on 1979 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis From Normativity to Responsibility by : Joseph Raz
Download or read book From Normativity to Responsibility written by Joseph Raz and published by Oxford University Press. This book was released on 2011-12-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Roots of Normativity by : Joseph Raz
Download or read book The Roots of Normativity written by Joseph Raz and published by Oxford University Press. This book was released on 2022 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Book Synopsis Normativity and the Will:Selected Essays on Moral Psychology and Practical Reason by : R. Jay Wallace
Download or read book Normativity and the Will:Selected Essays on Moral Psychology and Practical Reason written by R. Jay Wallace and published by Clarendon Press. This book was released on 2006-03-16 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 moralconsciousness. 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 interestto every serious student of moral philosophy.
Book Synopsis Essays on Normativity and Describability of Law by : Kevin Goonyoung Toh
Download or read book Essays on Normativity and Describability of Law written by Kevin Goonyoung Toh and published by . This book was released on 2003 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Norms and Normativity by : Sylvie Delacroix
Download or read book Legal Norms and Normativity written by Sylvie Delacroix and published by . This book was released on 2006 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately.
Book Synopsis The Normative Force of the Factual by : Nicoletta Bersier Ladavac
Download or read book The Normative Force of the Factual written by Nicoletta Bersier Ladavac and published by Springer. This book was released on 2019-06-26 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
Book Synopsis Agency, Morality and Law by : Joshua Jowitt
Download or read book Agency, Morality and Law written by Joshua Jowitt and published by Bloomsbury Publishing. This book was released on 2023-01-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
Book Synopsis Problems of Normativity, Rules and Rule-Following by : Michał Araszkiewicz
Download or read book Problems of Normativity, Rules and Rule-Following written by Michał Araszkiewicz and published by Springer. This book was released on 2014-11-07 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Book Synopsis From Principles to Practice by : Onora O'Neill
Download or read book From Principles to Practice written by Onora O'Neill and published by Cambridge University Press. This book was released on 2018-09-20 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although abstract principles alone cannot guide action, they can be combined to shape good practical judgement and change the world.
Book Synopsis Law's Humility by : Triantafyllos Gkouvas
Download or read book Law's Humility written by Triantafyllos Gkouvas and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book invites newcomers to analytical legal philosophy to reconsider the terms in which they are accustomed to describing and defending their jurisprudential allegiances. It argues that familiar taxonomic labels such as legal positivism, natural law theory and legal interpretivism are poor guides to the actual diversity of views on the nature and normativity of law, mainly because they fail to carve up the reality of jurisprudential disagreement at its joints. These joints, the author suggests, are elusive because the semantics of law systematically misplaces them. Their true nature resides in the metaontological and metanormative features that dictate or indicate the target of a theory's jurisprudential commitments. The book advocates a new vocabulary for articulating these commitments without eliminating the use of familiar criteria of division among competing theories of law. The resulting picture is a much broader platform of meaningful disagreement about the nature and grounds of legal truth and legal normativity. Albeit based on a factualist-cognitivist understanding of the sources and grounds of law, the book reserves ample room for the unconvinced. Those suspicious of the project of “ontologising” theoretical disagreements in law can avail themselves of the quietist or anti-metaphysical avenue that the book's alternative taxonomy also makes available. The humblest path to law's reality may not be metaphysically ambitious after all.
Book Synopsis Unpacking Normativity by : Kenneth Einar Himma
Download or read book Unpacking Normativity written by Kenneth Einar Himma and published by Bloomsbury Publishing. This book was released on 2018-11-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.
