Legal Norms And Normativity
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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.
Social And Legal Norms
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Author : Matthias Baier
language : en
Publisher: Routledge
Release Date : 2016-04-01
Social And Legal Norms written by Matthias Baier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.
In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.
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.
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.
You D Better Be Committed
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Author : Sylvie Delacroix
language : en
Publisher:
Release Date : 2012
You D Better Be Committed written by Sylvie Delacroix and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
There are many ways in which one may come to be committed to something. Commitment can be the result of an act of will; it can also be the culmination of some underlying disposition/sensibility. Part of the challenge in articulating our commitment to morality consists in understanding the interaction between its passive (we are all committed to morality just in virtue of being human) and its active (if it is to engage our responsibility, there has to be room for choice) dimensions. In this paper, I seek to understand the role that this notion of commitment has to play in our understanding of both moral and legal normativity, as well as its link with the wider issue of "response-dependence" (an issue which Gardner's own definition of norm as "a kind of reason inescapably engaging the attention of any rational being without further ado" conveniently sets aside).
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.
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.
Dimensions Of Normativity
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Author : David Plunkett
language : en
Publisher: Oxford University Press
Release Date : 2019-01-11
Dimensions Of Normativity written by David Plunkett 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 2019-01-11 with Law categories.
Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.
Explaining The Normative
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Author : Stephen P. Turner
language : en
Publisher: John Wiley & Sons
Release Date : 2013-05-02
Explaining The Normative written by Stephen P. Turner and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Philosophy categories.
Normativity is what gives reasons their force, makes words meaningful, and makes rules and laws binding. It is present whenever we use such terms as ‘correct,' ‘ought,' ‘must,' and the language of obligation, responsibility, and logical compulsion. Yet normativists, the philosophers committed to this idea, admit that the idea of a non-causal normative realm and a body of normative objects is spooky. Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of argument, and shows how this pattern depends on circularities, assumptions about the unique correctness of preferred descriptions, problematic transcendental arguments, and regress arguments that end in mysteries. The book considers in detail a paradigm case: legal normativity as constructed by Hans Kelsen. This case exemplifies the problems with normativist arguments. But it also shows how normativism was constructed as an alternative to ordinary social science explanation. The normativist argument is that social science explanations themselves are forced to rely on normative conceptsÑminimally, on normative rationality and on a normative view of ‘concepts' themselves. Empathic understanding of the reasoning and meanings of others, however, can solve the regress problems about meaning and rationality that are central to the appeal of normativism. This account has no need for a parallel normative world, and has a surprising and revealing lineage in the history of philosophy, as well as a basis in neuroscience.
Between Ordinary And Extraordinary
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Author : Angela Condello
language : en
Publisher: BRILL
Release Date : 2018-07-17
Between Ordinary And Extraordinary written by Angela Condello and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Art categories.
In this essay Angela Condello argues that approaching normativity in art and law from the perspective of the singular case shows the importance of interdisciplinary legal scholarship. Singularities create room for extra-legal values to emerge as legitimate demands, desires, needs
