Law And Authority
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The Authority Of Law
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Author : Joseph Raz
language : en
Publisher: Oxford University Press
Release Date : 2009-06-18
The Authority Of Law 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 2009-06-18 with Law categories.
Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.
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.
The Authority Of International Law
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Author : Başak Cali
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Authority Of International Law written by Başak Cali 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 2015 with Law categories.
The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.
Law And Authority In Early Modern England
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Author : Thomas Garden Barnes
language : en
Publisher: University of Delaware Press
Release Date : 2007
Law And Authority In Early Modern England written by Thomas Garden Barnes and has been published by University of Delaware Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Deals with four themes: common law and its rivals, the growth in parliamentary authority, the assertion of royal authority, and royal authority and the governed.
So They Say You Ve Broken The Law
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Author :
language : en
Publisher: Lulu.com
Release Date : 2011
So They Say You Ve Broken The Law written by and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Authority categories.
“This little book will give you the information, the know-how and the tools to successfully challenge alleged Authority in and out of court. Barristers, QCs and lawyers worldwide have read and discussed the content with the author and cannot find a legal argument against it. It works. Use it for defence, appeal or to challenge any claim made upon you.”--Publisher’s Notes.
The Making Of Legal Authority
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Author : Nils Jansen
language : en
Publisher:
Release Date : 2010
The Making Of Legal Authority written by Nils Jansen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts. How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers the first comparative analysis of non-legislative codifications. It offers a provocative contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.
The Nature Of Law
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Author : Daniel Mark
language : en
Publisher: University of Notre Dame Pess
Release Date : 2024-08-15
The Nature Of Law written by Daniel Mark and has been published by University of Notre Dame Pess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-15 with Philosophy categories.
Challenging the prevailing understanding of the authority of law, Daniel Mark offers a theory of moral obligation that is rooted both in command and in the law’s orientation to the common good. When and why do we have an obligation to obey the law? Prevailing theories in the philosophy of law, starting with the work of H. L. A. Hart and Joseph Raz, fail to provide definitive answers regarding the nature of legal obligation. In this highly original and effective new work, Daniel Mark argues that there is a prima facie moral obligation to obey the law simply because it is the law. In Mark’s view, the best concept of law—one that allows for the possibility of justified authority and obligation—defines law as a set of commands oriented to the common good. Legal obligation, he proposes, shares defining features with moral obligation and with religious obligation while aligning wholly with neither. This philosophically coherent view of legal obligation offers a viable framework for analyzing important and seemingly paradoxical puzzles about the law, such as why civil disobedience is punished as lawbreaking or why war-crimes trials for legal but immoral acts present a moral quandary. By reconciling the concept of law as command with the role of law in promoting the common good, The Nature of Law provides an original and important scholarly contribution to the fields of legal philosophy and political thought.
Law And Authority
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Author : Kniaz Kropotkin Petr Alekseevich
language : en
Publisher: Palala Press
Release Date : 2016-05-16
Law And Authority written by Kniaz Kropotkin Petr Alekseevich and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-16 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
On Authority
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Author : Law in a Free Society Project
language : en
Publisher:
Release Date : 1973
On Authority written by Law in a Free Society Project and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Authority categories.
Law And Authority
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Author : Kniaz Kropotkin Petr Alekseevich
language : en
Publisher: Wentworth Press
Release Date : 2019-02-28
Law And Authority written by Kniaz Kropotkin Petr Alekseevich and has been published by Wentworth Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-28 with Political Science categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.