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Wildy’s Book News

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Vol 24 No 10 Oct/Nov 2019

Book of the Month

Cover of Lewis and Buchan: Clinical Negligence A Practical Guide

Lewis and Buchan: Clinical Negligence A Practical Guide

Price: £110.00

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A Theory of Legal Obligation

ISBN13: 9781108475105
To be Published: November 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.

1. The concept of obligation
2. Contemporary approaches to legal obligations: a preliminary map
3. The social-practice account
4. The interpretivist account
5. The conventionalist reason account
6. The exclusionary reason account
7. A revisionary Kantian conception
8. Further dimensions of the revisionary Kantian conception
9. The robust reason account
10. The method of presuppositional interpretation