New Essays On The Normativity Of Law

Author: Stefano Bertea
Editor: Bloomsbury Publishing
ISBN: 1847318231
File Size: 10,56 MB
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An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law: the theory of planning agency, legal conventionalism and the constitutivist approach. While the essays presented here do not aspire to give an exhaustive picture of these debates - an aspiration that would be, by its very nature, unrealistic - they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity. In pursuing this objective, these essays also encourage a dialogue between different traditions of study of legal normativity, stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and, ultimately, to arrive at a more comprehensive account of the normativity of law.
New Essays on the Normativity of Law
Language: en
Pages: 336
Authors: Stefano Bertea, George Pavlakos
Categories: Law
Type: BOOK - Published: 2011-08-10 - Publisher: Bloomsbury Publishing

An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law
New Essays on the Normativity of Law
Language: en
Pages: 336
Authors: Stefano Bertea, George Pavlakos
Categories: Law
Type: BOOK - Published: 2011-08-10 - Publisher: Bloomsbury Publishing

An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law
Kelsenian Legal Science and the Nature of Law
Language: en
Pages: 320
Authors: Peter Langford, Ian Bryan, John McGarry
Categories: Law
Type: BOOK - Published: 2017-05-16 - Publisher: Springer

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a
The Normative Force of the Factual
Language: en
Pages: 180
Authors: Nicoletta Bersier Ladavac, Christoph Bezemek, Frederick Schauer
Categories: Law
Type: BOOK - Published: 2019-06-26 - Publisher: Springer

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
Problems of Normativity, Rules and Rule-Following
Language: en
Pages: 455
Authors: Michał Araszkiewicz, Paweł Banaś, Tomasz Gizbert-Studnicki, Krzysztof Płeszka
Categories: Law
Type: BOOK - Published: 2014-11-07 - Publisher: Springer

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