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New Essays on the Normativity of Law (eBook)

Edited by: Stefano Bertea, George Pavlakos

ISBN13: 9781847318237
Published: August 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £85.50
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H.L.A. Hart once argued that a theory suppressing the normative component of law "fails to mark and explain the crucial distinction between mere regularities of human behaviour and rule-governed behaviour." This is a serious drawback for a theory of law, since an important part of the legal domain is concerned with rule-governed conduct and may be expressed only by use of such notions as norm, obligation, duty, and right. These notions require us to acknowledge the existence of a normative dimension in the legal domain.

This collection of essays is intended to contribute to the study of normativity in law by staging a thorough discussion of the notion approached from three directions: the theory of planning agency, legal conventionalism and the constitutivist approach. Though not offering an exhaustive picture of the current debate on the normativity of law, the book is meant rather to provide the reader with some authoritative statements of some widely discussed families of views of legal normativity.

Thus, the volume encourages a dialogue between different traditions of study and stimulates those who would not otherwise look outside their tradition of thought to engage with new ideas. In performing these tasks the volume instantiates a distinctive interdisciplinary and multidisciplinary character. For, the idea underlying the collection is that no general theory of normativity can be put forward unless it addresses distinct, albeit interrelated, disciplines such as the philosophy of mind, metaphysics, theory of action, meta-ethics, social philosophy, political theory, ethical theory, and jurisprudence.

Subjects:
Jurisprudence, eBooks
Contents:
Introduction
Stefano Bertea and George Pavlakos
PART I LAW, NORMATIVITY AND PLANS
1. Planning Agency and the Law
Scott Shapiro
2. Reflections on Law, Normativity and Plans
Michael E Bratman
3. The Moral Puzzle of Legal Authority
Veronica Rodriguez-Blanco
4. Legal Normativity and the Instrumental Principle
Katrien Schaubroeck
PART II: LAW, NORMATIVITY AND CONVENTIONS
5. The Conventional Foundations of Law
Andrei Marmor
6. Multilayered Legal Conventionalism and the Normativity of Law
Marco Goldoni
7. The Normativity of the Practice of Officials
Dimitrios Kyritsis
PART III LAW, NORMATIVITY AND AUTONOMY
8. Law and Obligation: Outlines of a Kantian Argument
Stefano Bertea
9. Normativity, Metaphysics and Decision
Robert Alexy
10. Law, Normativity and Legitimacy: Can Moral Constructivism be Fruitful for Legal Theory?
Cristina Lafont
11. Law, Normativity and the Model of Norms
George Pavlakos
12. On Constitutive Normativity
Corrado Roversi
13. Tracing a Genealogy of Legal Normativity: Responsibility, Authorship and Contingency
Sylvie Delacroix

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