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The Logic of Autonomy: Law, Morality and Autonomous Reasoning


ISBN13: 9781849463461
Published: November 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution.

This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgments and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have not been able to cope with.

Subjects:
Jurisprudence
Contents:
CHAPTER 1: THE IDEA OF AUTONOMY
1. Problems of Autonomy
2. The Logic of Autonomy

CHAPTER 2: NORMATIVE LANGUAGE
1. A Framework for Autonomous Reasoning
2. Norms, Normative Statements and Normative Arguments
3. Conclusion

CHAPTER 3: THE STRUCTURE OF NORMATIVE ARGUMENTS
1. The Concept of Normative Arguments
2. The Argument for the Reiteration of Requirements of Validity
3. Elementary and Relational Normative Arguments
4. Conclusion

CHAPTER 4: THE JUSTIFICATION OF NORMS
1. The Structure of Normative Justification
2. Procedural Elements of Normative Justification
3. Substantial Elements of Normative Justification
4. Conclusion

CHAPTER 5: THE STRUCTURE OF AUTONOMOUS BALANCING
1. Conceptions of Balancing
2. The Model of Optimisation
3. Criteria of Balancing
4. The Indeterminacy of Balancing
5. Conclusion

CHAPTER 6: CLAIMS TO CORRECTNESS, VALIDITY, AND OBJECTIVITY
1. Claims to Correctness
2. The Claim to Correctness of Autonomous Judgments
3. Claims to Definitive Validity
4. Claims to Objective Validity
5. Conclusion

CHAPTER 7: RIGHTS
1. The Structure of Rights
2. A System of Rights
3. The Balancing of Rights
4. Conclusion

CHAPTER 8: HUMAN RIGHTS AND BASIC RIGHTS
1. Human Rights as Universal Rights
2. The Justification of Human Rights
3. Basic Rights
4. Conclusion

CHAPTER 9: LEGAL VALIDITY
1. Law as a Binding Public Order
2. Conceptions of Legal Validity
3. The Authoritative Character of Law
4. Legal and Moral Validity
5. Conclusion

CHAPTER 10: LEGAL INTERPRETATION AND AUTONOMOUS REASONING
1. Balancing, Interpretation, and the Authoritative Structure of Law
2. The Concept of Interpretation
3. Legal Interpretation
4. Competences and Legal Interpretation
5. Conclusion

CHAPTER 11: THE AUTONOMY OF LEGAL SYSTEMS
1. The Concept of a Legal System
2. Types of Inter-systemic Relations
3. Definitions and General Theses

CHAPTER 12: CONCLUSION
BIBLIOGRAPHY

Series: Law and Practical Reason

Private Law and the Value of Choice ISBN 9781841138862
Published November 2016
Hart Publishing
£65.00
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (eBook) ISBN 9781782250203
Published November 2012
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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