law and authority under the guise of the good law and practical reason

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Law And Authority Under The Guise Of The Good

Author : Veronica Rodriguez-Blanco
ISBN : 9781782254263
Genre : Law
File Size : 35. 74 MB
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The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.

Between Authority And Interpretation

Author : Joseph Raz
ISBN : 9780191580345
Genre : Law
File Size : 83. 88 MB
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In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Reasons And Intentions In Law And Practical Agency

Author : George Pavlakos
ISBN : 9781107070721
Genre : Law
File Size : 64. 71 MB
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A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

Unpacking Normativity

Author : Kenneth Einar Himma
ISBN : 9781509916252
Genre : Law
File Size : 30. 4 MB
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This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

The Morality Of Freedom

Author : Joseph Raz
ISBN : 9780198248071
Genre : Philosophy
File Size : 43. 8 MB
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Winner of the W.J.M. Mackenzie Prize awarded by the Political Studies Association 1987, and the Elaine and David Spitz Prize for the best book on liberal or democratic theory. 'as significant a new statement of liberal principles as anything since Mill's On Liberty.' Times Literary Supplement

Freedom And Force

Author : Sari Kisilevsky
ISBN : 9781782253068
Genre : Law
File Size : 76. 49 MB
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This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.

Engaging Reason

Author : Joseph Raz
ISBN : 9780191519383
Genre : Philosophy
File Size : 23. 29 MB
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Engaging Reason offers a penetrating examination of a set of fundamental questions about human thought and action. In these tightly argued and interconnected essays Joseph Raz examines the nature of normativity, reason, and the will; the justification of reason; and the objectivity of value. He argues for the centrality, but also demonstrates the limits, of reason in action and belief. He suggests that our life is most truly our own when our various emotions, hopes, desires, intentions, and actions are guided by reason. He explores the universality of value and of principles of reason on one side, and on the other side their dependence on social practices, and their susceptibility to change and improvement. He concludes with an illuminating explanation of self-interest and its relation to impersonal values in general and to morality in particular. Joseph Raz has been since the 1970s a prominent, original, and widely admired contributor to the study of norms, values, and reasons, not just in philosophy but in political and legal theory. This volume displays the power and unity of his thought on these subjects, and will be essential reading for all who work on them.

Why Not Torture Terrorists

Author : Yuval Ginbar
ISBN : 9780199540914
Genre : Law
File Size : 36. 85 MB
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This book addresses the dilemma of whether it is ever justifiable to torture terrorists as part of the war on terror and in order to save the lives of innocent citizens.

From Normativity To Responsibility

Author : Joseph Raz
ISBN : 9780199693818
Genre : Philosophy
File Size : 47. 34 MB
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What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.

Reasons As Defaults

Author : John F. Horty
ISBN : 9780199744077
Genre : Philosophy
File Size : 84. 46 MB
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In this volume, John Horty brings to bear his work in logic to present a framework that allows for answers to key questions about reasons and reasoning, namely: What are reasons, and how do they support actions or conclusions?

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