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Law, Obligation, Community: Critical Studies in Jurisprudence

Editat de Daniel Matthews, Scott Veitch
en Limba Engleză Paperback – 6 dec 2019
Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
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Specificații

ISBN-13: 9780367862657
ISBN-10: 0367862654
Pagini: 292
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.54 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Critical Studies in Jurisprudence

Locul publicării:Oxford, United Kingdom

Cuprins

Table of Contents
List of Contributors
Introduction
Daniel Matthews and Scott Veitch
Part I The Priority of Obligations
1 Dogma, or the deep rootedness of Obligation
Emilios Christodoulidis
2 Why should I listen to my conscience? Equity and the question of ontological obligation
Matt Stone
3 The Origin of Obligations: Towards a Fundamental Phenomenology of Legal and Moral Obligation
Johan van der Walt
Part II Instituting Obligations
4 On the Company’s Bounded Sense of Social Obligation
Lilian Moncrieff
5 Duty Free
Scott Veitch
6 History, Alterity and Obligation: Toward a Genealogy of the Co-operative
Tara Mulqueen
7 Sovereignty, Affect and Being-Bound
Stacy Douglas and Daniel Matthews
Part III The Force of Obligations
8 Hybrid legalities: On Obligation and Law’s Immanent Materiology
Kyle McGee
9 The Biographical Core of Law: Privacy, Personhood and the Bounds of Obligation
Marcelo Thompson
Part IV Civility, Office, and the Bonds of Community
10 Civility, Obligation and Criminal Law
Lindsay Farmer
11 Obligations of Office
Shaun McVeigh
12 Academic Freedom Academic Obligation
Carrol Clarkson
INDEX


Descriere

This book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. It examines the sense in which we are multiply ‘bound beings’: to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life.