Law Norms And Authority
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Law Norms And Authority
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Author : George C. Christie
language : en
Publisher: Bloomsbury Academic
Release Date : 1982
Law Norms And Authority written by George C. Christie and has been published by Bloomsbury Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Jurisprudence categories.
"To what extent can legal decisions be objective and fair, and how far does government depend on the law for its legitimacy? This concise analytical book examines the theory of both individual and political justice, concluding that many modern legal philosophers have undermined the prestige of the law by exaggerated claims in its defence. This is a basic book in jurisprudence"--Jacket.
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.
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.
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.
Why Children Follow Rules
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Author : Tom R. Tyler
language : en
Publisher: Oxford University Press
Release Date : 2017
Why Children Follow Rules written by Tom R. Tyler 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 2017 with Law categories.
Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Practical Reason And Norms
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Author : Joseph Raz
language : en
Publisher: Hutchinson Radius
Release Date : 1975
Practical Reason And Norms written by Joseph Raz and has been published by Hutchinson Radius this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Law categories.
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? Joseph Raz answers these three questions by taking reasons as the basic normative concept, andshowing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity.
General Theory Of Law And State
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2009
General Theory Of Law And State written by Hans Kelsen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International law categories.
Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
Legal Socialization
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Author : Ellen S. Cohn
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Legal Socialization written by Ellen S. Cohn 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 2012-12-06 with Medical categories.
Legal Socialization - A Study of Norms and Rules examines the varying responses, negative and positive, to rule enforcement, as well as the genesis of these responses and the conditions under which they occur. The book presents the results of a longitudinal, multi-methodological study of the dynamic interaction between norms of behavior and rule enforcement in a natural setting, specifically, a university residential community. This approach allowed for the testing of competing hypotheses drawn from social learning and cognitive developmental theory to determine which was more substantively predictive of legal socialization. The first major section discusses the vital issues involved in understanding legal socialization; the two major legal socialization theories; and the research design of the study carried out by the authors. The second part concentrates on empirically testing the predictions of legal development theory versus social learning theory. The final section explores the interaction between reasoning and rule-enforcing conditions and its importance for understanding legal socialization.
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.
Law As Institution
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Author : Massimo La Torre
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-08-13
Law As Institution written by Massimo La Torre 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 2010-08-13 with Philosophy categories.
This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.