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New Essays on the Normativity of Law: Law and Practical Reason

Editat de Stefano Bertea, Professor George Pavlakos
en Limba Engleză Hardback – 9 aug 2011
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.
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Specificații

ISBN-13: 9781849462389
ISBN-10: 1849462380
Pagini: 336
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.66 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Law and Practical Reason

Locul publicării:London, United Kingdom

Caracteristici

This collection of essays stages a thorough discussion of the notion of normativity in law.Provides the reader with some authoritative statements of some widely discussed families of views of legal normativity.The idea underlying the collection is that no general theory of normativity can be put forward unless it addresses distinct, albeit interrelated, disciplines.

Notă biografică

Stefano Bertea is a Reader in Law at the University of Leicester.George Pavlakos is Research Professor in Globalisation and Legal Theory at the Centre for Law and Cosmopolitan Values of the Law School of the University of Antwerp. He is also a part-time Professor of Law at Glasgow University.

Cuprins

Introduction Stefano Bertea and George PavlakosPART I LAW, NORMATIVITY AND PLANS 1 Planning Agency and the Law Scott Shapiro2 Reflections on Law, Normativity and Plans Michael E Bratman3 The Moral Puzzle of Legal Authority Veronica Rodriguez-Blanco4 Legal Normativity and the Instrumental Principle Katrien SchaubroeckPART II: LAW, NORMATIVITY AND CONVENTIONS5 The Conventional Foundations of Law Andrei Marmor6 Multilayered Legal Conventionalism and the Normativity of Law Marco Goldoni7 The Normativity of the Practice of Officials Dimitrios KyritsisPART III LAW, NORMATIVITY AND AUTONOMY 8 Law and Obligation: Outlines of a Kantian Argument Stefano Bertea9 Normativity, Metaphysics and Decision Robert Alexy10 Law, Normativity and Legitimacy: Can Moral Constructivism be Fruitful for Legal Theory? Cristina Lafont11 Law, Normativity and the Model of Norms George Pavlakos12 On Constitutive Normativity Corrado Roversi13 Tracing a Genealogy of Legal Normativity: Responsibility, Authorship and Contingency Sylvie Delacroix

Descriere

This collection of essays is intended to contribute to the study of normativity in law by staging a thorough discussion of the notion approached from three directions: the theory of planning agency, legal conventionalism and the constitutivist approach.