New Essays on the Normativity of Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847318231
Total Pages : 373 pages
Book Rating : 4.8/5 (473 download)

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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 373 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.

Kelsen Revisited

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782252479
Total Pages : 426 pages
Book Rating : 4.7/5 (822 download)

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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 426 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.

Dimensions of Normativity

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Publisher : Oxford University Press
ISBN 13 : 0190640413
Total Pages : 465 pages
Book Rating : 4.1/5 (96 download)

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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 2019-01-10 with total page 465 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.

Reason, Normativity and Law

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Publisher :
ISBN 13 : 9781786835123
Total Pages : 0 pages
Book Rating : 4.8/5 (351 download)

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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.

Reasons and Intentions in Law and Practical Agency

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Publisher : Cambridge University Press
ISBN 13 : 1107070724
Total Pages : 343 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Reasons and Intentions in Law and Practical Agency by : George Pavlakos

Download or read book Reasons and Intentions in Law and Practical Agency written by George Pavlakos and published by Cambridge University Press. This book was released on 2015-02-05 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

Normativity and Norms

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Publisher : Oxford University Press
ISBN 13 : 9780198763154
Total Pages : 820 pages
Book Rating : 4.7/5 (631 download)

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Book Synopsis Normativity and Norms by : Stanley L. Paulson

Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Normativity and the Will

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Publisher : Clarendon Press
ISBN 13 : 0191536997
Total Pages : 370 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Normativity and the Will by : R. Jay Wallace

Download or read book Normativity and the Will written by R. Jay Wallace and published by Clarendon Press. This book was released on 2006-03-16 with total page 370 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 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. _

The Quest for Core Values in the Application of Legal Norms

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Publisher : Springer Nature
ISBN 13 : 3030789535
Total Pages : 340 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Quest for Core Values in the Application of Legal Norms by : Khalid Ghanayim

Download or read book The Quest for Core Values in the Application of Legal Norms written by Khalid Ghanayim and published by Springer Nature. This book was released on 2021-10-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Normativity of Nature

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Publisher :
ISBN 13 : 019954798X
Total Pages : 373 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Normativity of Nature by : Hannah Ginsborg

Download or read book The Normativity of Nature written by Hannah Ginsborg and published by . This book was released on 2015 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why read Kant's Critique of Judgment? For most readers, the importance of the work lies in its contributions to aesthetics and, to a lesser extent, the philosophy of biology. Hannah Ginsborg, by contrast, sees the Critique of Judgment as a central contribution to the understanding of human cognition generally. The fourteen essays collected here advance a common interpretive project: that of bringing out the philosophical significance of the notion of judgment which figures in the third Critique and showing its importance both to Kant's own theoretical philosophy and to contemporary views of human thought and cognition. For us to possess the capacity of judgment, on the interpretation defended here, is for our natural perceptual and imaginative responses to involve a claim to their own normativity with respect to the objects which cause them. It is in virtue of this capacity that we are able not merely to respond discriminatively to objects, as animals do, but to bring objects under concepts. The Critique of Judgment, on this reading, rejects the traditional dichotomy between the natural and the normative: our natural psychological responses to the spatio-temporal objects which affect our senses are both causally determined by those objects, and normatively appropriate to them. The essays in this book aim collectively to develop and illuminate this understanding of judgment in its own right, and to use it to address specific interpretive issues in Kant's aesthetics, theory of knowledge, and philosophy of biology; they are also concerned to bring out the relevance of this conception of judgment to contemporary debates regarding concept-acquisition, the content of perception, and skepticism about rules and meaning.

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.

Law, Morality, and Society

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Publisher : Oxford University Press
ISBN 13 : 9780198246107
Total Pages : 312 pages
Book Rating : 4.2/5 (461 download)

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Book Synopsis Law, Morality, and Society by : Herbert Lionel Adolphus Hart

Download or read book Law, Morality, and Society written by Herbert Lionel Adolphus Hart and published by Oxford University Press. This book was released on 1979 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Essays on Levinas and Law

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Publisher : Springer
ISBN 13 : 0230234739
Total Pages : 277 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Essays on Levinas and Law by : Desmond Manderson

Download or read book Essays on Levinas and Law written by Desmond Manderson and published by Springer. This book was released on 2008-12-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Practical Reason and Norms

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Publisher : OUP Oxford
ISBN 13 : 0191018589
Total Pages : 220 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Practical Reason and Norms by : Joseph Raz

Download or read book Practical Reason and Norms written by Joseph Raz and published by OUP Oxford. This book was released on 1999-09-09 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.

Unpacking Normativity

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509916261
Total Pages : 462 pages
Book Rating : 4.5/5 (99 download)

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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 462 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.

Morality, Reason, and Truth

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Publisher : Rowman & Littlefield Publishers
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Morality, Reason, and Truth by : David Copp

Download or read book Morality, Reason, and Truth written by David Copp and published by Rowman & Littlefield Publishers. This book was released on 1985 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirteen papers...address various dimensions of the complex relationship between morality and rationality. Most of the papers are new and they are generally at the cutting edge of current research. The collection is a substantial and important contribution to metaethics.

Normativity and Power

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Publisher : Oxford University Press
ISBN 13 : 0192519697
Total Pages : 209 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Normativity and Power by : Rainer Forst

Download or read book Normativity and Power written by Rainer Forst and published by Oxford University Press. This book was released on 2017-10-20 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.

The Constitution of Agency

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Publisher : Oxford University Press, USA
ISBN 13 : 0191564591
Total Pages : 357 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Constitution of Agency by : Christine Marion Korsgaard

Download or read book The Constitution of Agency written by Christine Marion Korsgaard and published by Oxford University Press, USA. This book was released on 2014-05-14 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance with Kant's categorical imperative and the principle of instrumental reason, she argues, we take control of our own movements and so render ourselves active, self-determining beings. She criticizes rival attempts to give a normative foundation to the principles of practical reason, challenges the claims of the principle of maximizing one's own interests to be a rational principle, and argues for some deep continuities between Plato's account of the connection between justice and agency and Kant's account of the connection between autonomy and agency. In Part II, Moral Virtue and Moral Psychology, Korsgaard takes up the question of the role of our more passive or receptive faculties--our emotions and responses --in constituting our agency. She sketches a reading of the Nicomachean Ethics, based on the idea that our emotions can serve as perceptions of good and evil, and argues that this view of the emotions is at the root of the apparent differences between Aristotle and Kant's accounts of morality. She argues that in fact, Aristotle and Kant share a distinctive view about the locus of moral value and the nature of human choice that, among other things, gives them account of what it means to act rationally that is superior to other accounts. In Part III, Other Reflections, Korsgaard takes up question how we come to view one another as moral agents in Hume's philosophy. She examines the possible clash between the agency of the state and that of the individual that led to Kant's paradoxical views about revolution. And finally, she discusses her methodology in an account of what it means to be a constructivist moral philosopher. The essays are united by an introduction in which Korsgaard explains their connections to each other and to her current work.