Essays On Normativity And Describability Of Law
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Essays On Normativity And Describability Of Law
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Author : Kevin Goonyoung Toh
language : en
Publisher:
Release Date : 2003
Essays On Normativity And Describability Of Law written by Kevin Goonyoung Toh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
New Essays On The Normativity Of Law
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Author : Stefano Bertea
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-08-10
New Essays On The Normativity Of Law written by Stefano Bertea and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-10 with Law categories.
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.
Legal Norms And Normativity
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Author : Sylvie Delacroix
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-10-05
Legal Norms And Normativity written by Sylvie Delacroix and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-05 with Law categories.
This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.
Unpacking Normativity
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Author : Kenneth Einar Himma
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-11-01
Unpacking Normativity written by Kenneth Einar Himma and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-01 with Law categories.
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.
The Normative Force Of The Factual
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Author : Nicoletta Bersier Ladavac
language : en
Publisher: Springer
Release Date : 2019-06-26
The Normative Force Of The Factual written by Nicoletta Bersier Ladavac and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Law categories.
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
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.
Facts And Norms In Law
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Author : Sanne Taekema
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-27
Facts And Norms In Law written by Sanne Taekema and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Law categories.
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
Reason Cause And Principle In Law
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Author : David Jabbari
language : en
Publisher:
Release Date : 2010
Reason Cause And Principle In Law written by David Jabbari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The concern of this essay is to reveal the way in which an architecture of Humean and Cartesian thought, taken for granted by both analytical and critical approaches to legal theory, has stood in the way of demonstrating that facts can be justifications of judicial decisions without recourse to an additional layer of moral or political justification. The inability to demonstrate the normativity of legal facts or state affairs has been the single most serious defect in traditions of pragmatic thought about law (e.g. in legal realism and its contemporary descendants such as critical legal studies, feminist and critical race theory, socio-legal studies etc.). The analysis in this essay provides an argument for abandoning many taken for granted oppositions which inhibit pragmatic and realist approaches to law. These include the stark oppositions between: hermeneutic and causal explanation in law; reasons for decisions and reasons why decisions were reached; normative factors and pure fact etc. The author's chief concern is to demonstrate the possibility of uniting the logic of judicial reasoning with the logic of factual context, and to demonstrate that justification in law is not to be identified with the justification of ethical propositions.
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.
Problems Of Normativity Rules And Rule Following
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Author : Michał Araszkiewicz
language : en
Publisher: Springer
Release Date : 2014-11-07
Problems Of Normativity Rules And Rule Following written by Michał Araszkiewicz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-07 with Law categories.
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.