Legal Conventionalism

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Legal Conventionalism

Lorena Ramírez-Ludeña,Josep M. Vilajosana
Legal Conventionalism Book PDF

Author : Lorena Ramírez-Ludeña,Josep M. Vilajosana
Publisher : Springer
Page : 198 pages
File Size : 55,5 Mb
Release : 2018-12-28
Category : Law
ISBN : 9783030035716

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Legal Conventionalism by Lorena Ramírez-Ludeña,Josep M. Vilajosana Pdf

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.

Legal Conventionalism

Anonim
Legal Conventionalism Book PDF

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2019
Category : Electronic books
ISBN : 3030035727

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Legal Conventionalism by Anonim Pdf

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.

New Essays on the Normativity of Law

Stefano Bertea,George Pavlakos
New Essays on the Normativity of Law Book PDF

Author : Stefano Bertea,George Pavlakos
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 49,7 Mb
Release : 2011-08-10
Category : Law
ISBN : 9781847318237

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New Essays on the Normativity of Law by Stefano Bertea,George Pavlakos Pdf

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.

Mutual Expectations

Govert Hartogh
Mutual Expectations Book PDF

Author : Govert Hartogh
Publisher : Springer Science & Business Media
Page : 308 pages
File Size : 55,8 Mb
Release : 2002-05-31
Category : Law
ISBN : 9041117962

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Mutual Expectations by Govert Hartogh Pdf

The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to be moved by considerations of fidelity and fairness, not only of prudence. This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism.

Problems of Normativity, Rules and Rule-Following

Michał Araszkiewicz,Paweł Banaś,Tomasz Gizbert-Studnicki,Krzysztof Płeszka
Problems of Normativity Rules and Rule Following Book PDF

Author : Michał Araszkiewicz,Paweł Banaś,Tomasz Gizbert-Studnicki,Krzysztof Płeszka
Publisher : Springer
Page : 455 pages
File Size : 53,9 Mb
Release : 2014-11-07
Category : Law
ISBN : 9783319093758

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Problems of Normativity, Rules and Rule-Following by Michał Araszkiewicz,Paweł Banaś,Tomasz Gizbert-Studnicki,Krzysztof Płeszka Pdf

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 of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.

Positive Law and Objective Values

Andrei Marmor
Positive Law and Objective Values Book PDF

Author : Andrei Marmor
Publisher : Oxford University Press
Page : 212 pages
File Size : 54,5 Mb
Release : 2001
Category : Law
ISBN : 0198268971

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Positive Law and Objective Values by Andrei Marmor Pdf

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.

A Theory of Legal Obligation

Stefano Bertea
A Theory of Legal Obligation Book PDF

Author : Stefano Bertea
Publisher : Cambridge University Press
Page : 379 pages
File Size : 46,7 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781108475105

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A Theory of Legal Obligation by Stefano Bertea Pdf

Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.

The Methodology of Legal Theory

Michael Giudice
The Methodology of Legal Theory Book PDF

Author : Michael Giudice
Publisher : Routledge
Page : 559 pages
File Size : 52,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351542623

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The Methodology of Legal Theory by Michael Giudice Pdf

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

Philosophy of Law

Andrei Marmor
Philosophy of Law Book PDF

Author : Andrei Marmor
Publisher : Princeton University Press
Page : 180 pages
File Size : 43,7 Mb
Release : 2014-12-21
Category : Philosophy
ISBN : 9780691163963

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Philosophy of Law by Andrei Marmor Pdf

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

A Treatise of Legal Philosophy and General Jurisprudence

Gerald J. Postema
A Treatise of Legal Philosophy and General Jurisprudence Book PDF

Author : Gerald J. Postema
Publisher : Springer Science & Business Media
Page : 618 pages
File Size : 51,6 Mb
Release : 2011-08-05
Category : Philosophy
ISBN : 9789048189601

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A Treatise of Legal Philosophy and General Jurisprudence by Gerald J. Postema Pdf

Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.

Sport Realism

Aaron Harper
Sport Realism Book PDF

Author : Aaron Harper
Publisher : Rowman & Littlefield
Page : 183 pages
File Size : 49,9 Mb
Release : 2022-07-26
Category : Philosophy
ISBN : 9781666920093

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Sport Realism by Aaron Harper Pdf

In Sport Realism: A Law-Inspired Theory of Sport, Aaron Harper defends a new theory of sport—sport realism—to show how rules, traditions, and officiating decisions define the way sport is played. He argues that sport realism, broadly inspired by elements of legal realism, best explains how players, coaches, officials, and fans participate in sport. It accepts that decisions in sport will derive from a variety of reasons and influences, which are taken into account by participants who aim to predict how officials will make future rulings. Harper extends this theoretical work to normative topics, applying sport realist analysis to numerous philosophical debates and ethical dilemmas in sport. Later chapters include investigations into rules disputes, strategic fouls, replay, and makeup calls, as well as the issue of cheating in sport. The numerous examples and case studies throughout the book provide a wide-ranging and illuminating study of sport, ranging from professional sports to pick-up games.

The Humean Mind

Angela M. Coventry,Alexander Sager
The Humean Mind Book PDF

Author : Angela M. Coventry,Alexander Sager
Publisher : Routledge
Page : 522 pages
File Size : 44,8 Mb
Release : 2018-11-06
Category : Philosophy
ISBN : 9780429771637

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The Humean Mind by Angela M. Coventry,Alexander Sager Pdf

David Hume (1711–1776) is widely acknowledged as one of the most important philosophers in the English language, with his work continuing to exert major influence on philosophy today. His empiricism, naturalism, and psychology of the mind and the passions shape many positions and approaches in the sciences and social sciences. The Humean Mind seeks to provide a comprehensive survey of his work, not only placing it in its historical context but also exploring its contemporary significance. Comprising 38 chapters by a team of international contributors the Handbook is divided into four sections: · Intellectual context · Hume’s thought · Hume’s reception · Hume’s legacy This handbook includes coverage of all major aspects of Hume’s thought with essays spanning the full scope of Hume’s philosophy. Topics explored include Hume’s reception in the eighteenth and nineteenth centuries; Hume’s legacy in the twentieth and twenty-first centuries; Hume’s history, including an essay on Hume as historian, as well as essays on the relevance of history to Hume’s philosophy and his politics, and an updated treatment of Hume’s Legal Philosophy. Also included are essays on race, gender, and animal ethics. Essential reading for students and researchers in philosophy, Hume’s work is central to epistemology, metaphysics, philosophy of mind, philosophy of science, ethics, legal philosophy and philosophy of religion.

The Cambridge Companion to Legal Positivism

Torben Spaak,Patricia Mindus
The Cambridge Companion to Legal Positivism Book PDF

Author : Torben Spaak,Patricia Mindus
Publisher : Cambridge University Press
Page : 807 pages
File Size : 41,5 Mb
Release : 2021-02-04
Category : Law
ISBN : 9781108427678

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The Cambridge Companion to Legal Positivism by Torben Spaak,Patricia Mindus Pdf

The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Educating Oneself in Public

Michael S. Moore
Educating Oneself in Public Book PDF

Author : Michael S. Moore
Publisher : Oxford University Press, USA
Page : 496 pages
File Size : 47,8 Mb
Release : 2000
Category : Law
ISBN : 0198268793

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Educating Oneself in Public by Michael S. Moore Pdf

Educating Oneself in Public is a sophisticated, detailed and original examination of the main ideas that have dominated Anglo-American legal philosophy since 1945.

Drones, Force and Law

David Hastings Dunn,Nicholas J. Wheeler
Drones Force and Law Book PDF

Author : David Hastings Dunn,Nicholas J. Wheeler
Publisher : Cambridge University Press
Page : 189 pages
File Size : 55,5 Mb
Release : 2024-01-18
Category : Political Science
ISBN : 9781009451512

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Drones, Force and Law by David Hastings Dunn,Nicholas J. Wheeler Pdf

The central argument set out in this Element is that the combination of a perceived radical change in the threat environment post 9/11, and the new capabilities afforded by the long silent reach of the drone, have put pressure on the previously accepted legal frameworks justifying the use of force. This has resulted in disagreements - both articulated and unarticulated - in how the Western allies should respond to both the legal and operational innovations in the use of force that drones have catalysed. The Element focuses on the responses of the UK, France, and Germany to these developments in the context of the changing US approach to the use of force. Locating itself at the interface of international law and politics, this is the first attempt to look at the interplay between technological innovations, legal justifications, and inter-alliance politics in the context of the use of armed drones.