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 : 31. 5 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.

The Nature Of International Law

Author : Miodrag A. Jovanović
ISBN : 9781108473330
Genre : Law
File Size : 79. 82 MB
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The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Reasons And Intentions In Law And Practical Agency

Author : George Pavlakos
ISBN : 9781107070721
Genre : Law
File Size : 67. 23 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 : 63. 27 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.

A History Of The Philosophy Of Law From The Ancient Greeks To The Scholastics

Author : Fred Dycus Miller
ISBN : 1402049501
Genre : Law
File Size : 49. 84 MB
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Report Of The Special Committee On The Law Of Aviation

Author : Charles Anderson Boston
ISBN : 9785874480073
Genre : History
File Size : 53. 38 MB
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Casta Eda And His Guises

Author : Adriano Palma
ISBN : 9781614516637
Genre : Philosophy
File Size : 87. 99 MB
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This volume responds to and reassesses the work of Hector-Neri Castañeda (1924-1991). The essays collected here, written by his students, followers, and opponents, examine Castañeda’s seminal views on deontic logic, metaethics, indedicality, praticitions, fictions, and metaphysics, utilizing the critical viewpoint afforded by time, as well as new data, to offer insights on his theories and methodology.

The Malayan Law Journal

Author :
ISBN : STANFORD:36105062761106
Genre : Law
File Size : 30. 54 MB
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American Justice

Author : Joseph M. Bessette
ISBN : UVA:X002779481
Genre : Law
File Size : 38. 17 MB
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A Practical Guide To The Legal And Appraisal Aspects Of Condemnation

Author : Joint Committee on Continuing Legal Education (U.S.)
ISBN : STANFORD:36105044242761
Genre : Business & Economics
File Size : 30. 71 MB
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