Between Authority And Interpretation On The Theory Of Law And Practical Reason
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Between Authority And Interpretation
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Author : Joseph Raz
language : en
Publisher: OUP Oxford
Release Date : 2009-02-19
Between Authority And Interpretation written by Joseph Raz and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-19 with Philosophy categories.
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Practical Reason And Norms
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Author : Joseph Raz
language : en
Publisher: OUP Oxford
Release Date : 1999-09-09
Practical Reason And Norms written by Joseph Raz and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-09 with Philosophy categories.
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.
Law And Authority Under The Guise Of The Good
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Author : Veronica Rodriguez-Blanco
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Law And Authority Under The Guise Of The Good written by Veronica Rodriguez-Blanco and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.
Shared Authority
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Author : Dimitrios Kyritsis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-01-22
Shared Authority written by Dimitrios Kyritsis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-22 with Law categories.
This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.
The Authority Of Law
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Author : Joseph Raz
language : en
Publisher:
Release Date : 1979
The Authority Of Law written by Joseph Raz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.
On Law And Reason
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Author : Aleksander Peczenik
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-09-13
On Law And Reason written by Aleksander Peczenik and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-13 with Law categories.
‘This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Reasons And Intentions In Law And Practical Agency
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Author : George Pavlakos
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-05
Reasons And Intentions In Law And Practical Agency written by George Pavlakos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-05 with Law categories.
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Practical Reasoning
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Author : Joseph Raz
language : en
Publisher: Oxford University Press, USA
Release Date : 1978
Practical Reasoning written by Joseph Raz and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Language Arts & Disciplines categories.
Conceptual Jurisprudence
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Author : Jorge Luis Fabra-Zamora
language : en
Publisher: Springer Nature
Release Date : 2021-09-01
Conceptual Jurisprudence written by Jorge Luis Fabra-Zamora and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-01 with Law categories.
This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
From Normativity To Responsibility
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Author : Joseph Raz
language : en
Publisher: Oxford University Press
Release Date : 2011-12-08
From Normativity To Responsibility written by Joseph Raz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-08 with Philosophy categories.
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.