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Legal Conventionalism
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Book Synopsis Legal Conventionalism by : Lorena Ramírez-Ludeña
Download or read book Legal Conventionalism written by Lorena Ramírez-Ludeña and published by Springer. This book was released on 2018-12-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
Download or read book Legal Conventionalism written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
Book Synopsis Mutual Expectations by : Govert Hartogh
Download or read book Mutual Expectations written by Govert Hartogh and published by Springer Science & Business Media. This book was released on 2002-05-31 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to be moved by considerations of fidelity and fairness, not only of prudence. This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism.
Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki
Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
Book Synopsis Social Conventions by : Andrei Marmor
Download or read book Social Conventions written by Andrei Marmor and published by Princeton University Press. This book was released on 2009-07-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct.
Book Synopsis The Banality of Law: Some Remarks on Legal Conventionalism by : Adam Dyrda
Download or read book The Banality of Law: Some Remarks on Legal Conventionalism written by Adam Dyrda and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Positivism, Conventionalism, and the Normativity of Law by : Torben Spaak
Download or read book Legal Positivism, Conventionalism, and the Normativity of Law written by Torben Spaak and published by . This book was released on 2017 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this article i ...
Download or read book Law's Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Book Synopsis Interpretation and Legal Theory by : Andrei Marmor
Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by Bloomsbury Publishing. This book was released on 2005-04-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
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.
Book Synopsis Integrity, Community and Interpretation by : Simon Honeyball
Download or read book Integrity, Community and Interpretation written by Simon Honeyball and published by Routledge. This book was released on 2019-05-20 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this volume examines the work of Ronald Dworkin, the leading legal philosopher of our time, ten years after his seminal work, Law’s Empire. Its impact and influence was so extensive that the authors felt compelled to undertake both an in-depth analysis of both the book itself and its critical reaction, including a survey of the literature on Law’s Empire.
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 Our Knowledge of the Law by : George Pavlakos
Download or read book Our Knowledge of the Law written by George Pavlakos and published by Bloomsbury Publishing. This book was released on 2007-07-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory. "George Pavlakos' engaging book tackles the fundamental question of what makes legal knowledge possible. Since all articulate thought has to conform to implicit rules of grammar, it is necessarily normatively structured. Thus normativity cannot be something external to human thinking that we study from the outside, but is intrinsic to all human practices (including the natural sciences). This insight opens up fascinating new lines of inquiry into the character of law and its relations to other normative domains." Professor Sir Neil MacCormick, Edinburgh University "With admirable analytical acumen, George Pavlakos underscores the practical character of legal knowledge as well as the importance of argumentation in legal theory. He rejects those approaches to the nature of law that rest on conventional criteria as well as those that turn on factors altogether independent of practice, developing instead the thesis that objectivity and knowledge emerge from practical activity reflecting the spontaneity of human reason. In light of this notion of legal cognition as a practical activity directed and constrained by reason, the law is seen as an enduring institution, jurisprudence as a humanistic discipline. A truly important work." Professor Dr. Robert Alexy, Christian-Albrechts-Universität zu Kiel
Book Synopsis The Private Sphere by : Mats G. Hansson
Download or read book The Private Sphere written by Mats G. Hansson and published by Springer Science & Business Media. This book was released on 2007-11-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes an emotional territory, which forms the individual's own sphere of action and experience. This develops in the course of evolution in pace with the individual's conditions of life, brought about by challenges in the natural and social environment.
Book Synopsis A Theory of Legal Obligation by : Stefano Bertea
Download or read book A Theory of Legal Obligation written by Stefano Bertea and published by Cambridge University Press. This book was released on 2019-10-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
Book Synopsis Theoretical Foundations of Law and Economics by : Mark D. White
Download or read book Theoretical Foundations of Law and Economics written by Mark D. White and published by Cambridge University Press. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book-length examination of the methodology and philosophy of law and economics.
Book Synopsis Understanding the Nature of Law by : Michael Giudice
Download or read book Understanding the Nature of Law written by Michael Giudice and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of
