Law And Authority Under The Guise Of The Good
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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.
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.
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.
Handbook Of Legal Reasoning And Argumentation
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer
Release Date : 2018-07-02
Handbook Of Legal Reasoning And Argumentation written by Giorgio Bongiovanni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
The Place Of Coercion In Law
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Author : Triantafyllos Gkouvas
language : en
Publisher: Cambridge University Press
Release Date : 2023-04-13
The Place Of Coercion In Law written by Triantafyllos Gkouvas 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 2023-04-13 with Philosophy categories.
The question of whether coercion is a necessary or contingent feature of governance by law is a historically complex aspect of a venerable 'modalist' trend in jurisprudential thinking. The nature of the relation between law and coercion has been elaborated by means of a variety of modally qualified accounts, all converging in a more or less committing response to whether the language, concept or essence of law as a system of governance necessarily entails the coercive character of this system. This Element remodels in non-modal terms the way in which legal philosophers can meaningfully disagree about the coercive character of governance by law. On this alternative model, there can be no meaningful disagreement about whether law is coercive without prior agreement on the contours of a theory of how law is made.
Encyclopedia Of The Philosophy Of Law And Social Philosophy
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Author : Mortimer N. S. Sellers
language : en
Publisher:
Release Date : 2019
Encyclopedia Of The Philosophy Of Law And Social Philosophy written by Mortimer N. S. Sellers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
"Updated content will continue to be published as 'Living Reference Works'"--Publisher.
The Telecommunications Act Of 2000
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Author : United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection
language : en
Publisher:
Release Date : 2000
The Telecommunications Act Of 2000 written by United States. Congress. House. Committee on Commerce. Subcommittee on Telecommunications, Trade, and Consumer Protection and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Telecommunication categories.
Feminist Dialogues On International Law
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Author : Gina Heathcote
language : en
Publisher: Oxford University Press
Release Date : 2019-01-17
Feminist Dialogues On International Law written by Gina Heathcote 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 2019-01-17 with Law categories.
In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.
Yearbook Of International Humanitarian Law Volume 20 2017
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Author : Terry D. Gill
language : en
Publisher: Springer
Release Date : 2018-12-20
Yearbook Of International Humanitarian Law Volume 20 2017 written by Terry D. Gill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law. The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State’s religious personnel in Iraq and Syria, and the targeting of illicit cropsthrough aerial spraying in Colombia. Besides the chapters that address both themes,this volume also contains a Year in Review describing the most important events andlegal developments that took place in 2017. The Yearbook of International Humanitarian Law is the world’s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.
Federal Statutes Annotated
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Author : United States
language : en
Publisher:
Release Date : 1918
Federal Statutes Annotated written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1918 with Law categories.