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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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The Moral Limits of Law

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ISBN13: 9780199265671
ISBN: 0199265674
Published: June 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £90.00



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,i>The Moral Limits of Law analyses the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus the interaction of legal and moral obligations and the legitimacy of state authority.

This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations.

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Subjects:
Jurisprudence
Contents:
PREFACE
1. The Problem of Conscientious Obedience
2. Respect for Persons and Law
3. Consent, Residence, and the Democratic Voice
4. Community, Identity, and Joint Commitment
5. The Burdens of Benefit
6. Benevolence and Gratitude
7. The Implications of Respect
BIBLIOGRAPHY
INDEX