New essays on the normativity of law
By: edited by Stefano Bertea and George Pavlakos
Series: Law and practical reason -- v. 3; Law and practical reason -- v. 3.
Publisher: Hart Pub.
Published: 2011
Place of publication: Oxford; Portland, Or
Language: eng
Number of pages: 325
ISBN-13: 9781849462389
Subjects: Normativity (Ethics); Philosophy; Social norms; Law; Norm (Philosophy)
Description: 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.--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: Planning agency and the law  -- Scott Shapiro; title: Reflections on law, normativity and plans  -- Michael E. Bratman; title: The moral puzzle of legal authority  -- Veronica Rodriguez-Blanco; title: Legal normativity and the instrumental principle  -- Katrien Schaubroeck; title: The conventional foundations of law  -- Andrei Marmor; title: Multilayered legal conventionalism and the normativity of law  -- Marco Goldoni; title: The normativity of the practice of officials  -- Dimitrios Kyritsis; title: Law and obligation : outlines of a Kantian argument  -- Stefano Bertea; title: Normativity, metaphysics and decision  -- Robert Alexy; title: Law, normativity and legitimacy : can moral constructivism be fruitful for legal theory?  -- Cristina Lafont; title: Law, normativity and the model of norms  -- George Pavlakos; title: On constitutive normativity  -- Corrado Roversi; title: Tracing a genealogy of legal normativity : responsibility, authorship and contingency -- Sylvie Delacroix.