Reason Normativity And Law
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Author | : Alice Pinheiro Walla |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Normativity (Ethics). |
ISBN | : 9781786835123 |
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.
Author | : Sofie Møller |
Publisher | : Cambridge University Press |
Total Pages | : 211 |
Release | : 2020-03-05 |
Genre | : History |
ISBN | : 1108498493 |
This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.
Author | : Joseph Raz |
Publisher | : OUP Oxford |
Total Pages | : 220 |
Release | : 1999-09-09 |
Genre | : Philosophy |
ISBN | : 0191018589 |
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.
Author | : Konstantin Pollok |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2017-02-02 |
Genre | : Philosophy |
ISBN | : 1107127807 |
A milestone in Kant scholarship, this interpretation of his critical philosophy makes sense of his notorious 'synthetic judgments a priori'.
Author | : Stefano Bertea |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2011-08-10 |
Genre | : Law |
ISBN | : 1847316719 |
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.
Author | : Joseph Raz |
Publisher | : Oxford University Press |
Total Pages | : 290 |
Release | : 2011-12-08 |
Genre | : Philosophy |
ISBN | : 0199693811 |
What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.
Author | : Artūrs Logins |
Publisher | : Cambridge University Press |
Total Pages | : 253 |
Release | : 2022-08-04 |
Genre | : Philosophy |
ISBN | : 1316513777 |
The first accessible, detailed overview of the debates about normative reasons, developing a new theory based on why-questions.
Author | : Stefano Bertea |
Publisher | : Bloomsbury Publishing |
Total Pages | : 643 |
Release | : 2009-10-06 |
Genre | : Law |
ISBN | : 1847317251 |
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.
Author | : Christine M. Korsgaard |
Publisher | : Cambridge University Press |
Total Pages | : 294 |
Release | : 1996-06-28 |
Genre | : Philosophy |
ISBN | : 1107047943 |
Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard.
Author | : Samantha Besson |
Publisher | : Oxford University Press |
Total Pages | : 1233 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198745362 |
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.