The Normative Claim of Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317251
Total Pages : 643 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Normative Claim of Law by : Stefano Bertea

Download or read book The Normative Claim of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2009-10-06 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.

The Normative Force of the Factual

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Author :
Publisher : Springer
ISBN 13 : 3030189295
Total Pages : 180 pages
Book Rating : 4.0/5 (31 download)

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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.

Normative Subjects

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199985200
Total Pages : 273 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Normative Subjects by : Meir Dan-Cohen

Download or read book Normative Subjects written by Meir Dan-Cohen and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining constructivist and hermeneutical themes, this book explores normative aspects of human self creation seen as a matter of fixing and elaborating the values and norms that shape human identity, individually and collectively.

The Normative Claim of Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315437
Total Pages : 316 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Normative Claim of Law by : Stefano Bertea

Download or read book The Normative Claim of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2009-10-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.

Jurisprudence

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024729197
Total Pages : 356 pages
Book Rating : 4.7/5 (291 download)

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Book Synopsis Jurisprudence by : Anthony A. D'Amato

Download or read book Jurisprudence written by Anthony A. D'Amato and published by Martinus Nijhoff Publishers. This book was released on 1984-09-24 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness & systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell & McDougal on law & policy is already legendary. Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of international & national legal & policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry & the pertinent intellectual tasks incumbent on the scholar & decisionmaker for determining & achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism & other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole & the particular value-institutional processes that comprise it are described & analyzed. Because people establish, maintain & change institutions, the dynamics of personality & personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments & the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word & deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.

Normative Jurisprudence

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139504126
Total Pages : 221 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Normative Jurisprudence by : Robin West

Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

Principles of Law

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Publisher : Springer Science & Business Media
ISBN 13 : 940093775X
Total Pages : 415 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Principles of Law by : M.E. Bayles

Download or read book Principles of Law written by M.E. Bayles and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars.

Law ́s Claim to Correctness

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Publisher : Nomos Verlag
ISBN 13 : 3748909675
Total Pages : 136 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Law ́s Claim to Correctness by : Maria Claudia Quimbayo Duarte

Download or read book Law ́s Claim to Correctness written by Maria Claudia Quimbayo Duarte and published by Nomos Verlag. This book was released on 2020-11-19 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes the main concepts of the correctness thesis. The second part presents a reconstruction of the claim to correctness in some classical legal theories. For instance, it explains the thesis that we can find two different references to claims in Kelsen ́s theory, therefore allusions to a kind of classifying and qualifying connections. About Fuller one can find the idea that he introduces not only a procedural moral claim but also a substantive one. With respect to Radbruch, the book holds the idea that the correctness thesis can be found in his theory since 1932. The third part considers some main objections against the claim to correctness especially that proposed by Joseph Raz and John Finnis among others.

The Nature of International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108473334
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Nature of International Law by : Miodrag A. Jovanović

Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Philosophy of Law

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Publisher : Princeton University Press
ISBN 13 : 0691163960
Total Pages : 180 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Philosophy of Law by : Andrei Marmor

Download or read book Philosophy of Law written by Andrei Marmor and published by Princeton University Press. This book was released on 2014-12-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

The Cambridge Companion to Legal Positivism

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Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Pure Theory of Law

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Encyclopedia of the Philosophy of Law and Social Philosophy

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Publisher :
ISBN 13 : 9789400767300
Total Pages : pages
Book Rating : 4.7/5 (673 download)

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Book Synopsis Encyclopedia of the Philosophy of Law and Social Philosophy by : Mortimer N. S. Sellers

Download or read book Encyclopedia of the Philosophy of Law and Social Philosophy written by Mortimer N. S. Sellers and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Updated content will continue to be published as 'Living Reference Works'"--Publisher.

The Limits of Consent

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Publisher : OUP Oxford
ISBN 13 : 0191552399
Total Pages : 256 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Limits of Consent by : Oonagh Corrigan

Download or read book The Limits of Consent written by Oonagh Corrigan and published by OUP Oxford. This book was released on 2009-01-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception as an international requirement to protect patients and healthy volunteers taking part in medical research, informed consent has become the primary consideration in research ethics. Despite the ubiquity of consent, however, scholars have begun to question its adequacy for contemporary biomedical research. The Limits of Consent explores this issue, reviewing the application of consent to genetic research, clinical trials, and research involving vulnerable populations. For example, in genetic research, information obtained from an autonomous research participant may have significant bearing on the interests of family members who have not consented to the study. This casts doubt on the adequacy of consent for such studies. The Limits of Consent also questions the assumptions that informed consent is essential and that it satisfactorily protects the principle of individual autonomy. It reviews recent empirical studies that challenge the possibility of truly informed consent and highlights the extent to which consent is governed by social norms and expectations. It also investigates how consent might be of secondary importance in some circumstances, for example when a research project appears to protect a public or community interest. Building on these observations, the authors make bold attempts to outline constructive solutions to the problems identified with perspectives from medicine, law, philosophy and sociology. This fascinating and provocative exploration of the limits of informed consent will appeal to ethicists, social scientists, health lawyers, clinical researchers, research ethics committee members, policy makers, and others with an interest in bioethics.

Between Facts and Norms

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Publisher : John Wiley & Sons
ISBN 13 : 0745694268
Total Pages : 636 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Between Facts and Norms by : Jürgen Habermas

Download or read book Between Facts and Norms written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2015-10-08 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.

The Normativity of Law

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Publisher :
ISBN 13 : 9788362259168
Total Pages : 0 pages
Book Rating : 4.2/5 (591 download)

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Book Synopsis The Normativity of Law by : Jerzy Stelmach

Download or read book The Normativity of Law written by Jerzy Stelmach and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of legal normativity is one the most controversial issues in the philosophy of law. It was already a subject of heated debate in the 19th century and, over the last 100 years, the study of normativity has taken many shapes and forms, from Kelsen's dualism, through the reductionism proposed by legal realists, to some nihilistic stances. In recent years, there has been a renewed interest in the problems surrounding the concept of law's normativity, and this collection is seen as a contribution to that debate. The book will be of interest to lawyers and philosophers, both at the graduate and professional levels.

The Ethics of Deference

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Publisher : Cambridge University Press
ISBN 13 : 9780521008723
Total Pages : 214 pages
Book Rating : 4.0/5 (87 download)

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Book Synopsis The Ethics of Deference by : Philip Soper

Download or read book The Ethics of Deference written by Philip Soper and published by Cambridge University Press. This book was released on 2002-10-24 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differs from standard approaches by focusing on the language of deference instead of obedience.