Legal Norms And Normativity

Author : Sylvie Delacroix
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312829
Total Pages : 242 pages
Book Rating : 4.22/5 ( download)

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Download or read book Legal Norms and Normativity written by Sylvie Delacroix and published by Bloomsbury Publishing. This book was released on 2006-10-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.

Author : Nicoletta Bersier Ladavac
Publisher : Springer
ISBN 13 : 3030189295
Total Pages : 180 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Normative Force of the Factual written by Nicoletta Bersier Ladavac and published by Springer. This book was released on 2019-06-26 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.

Author : Matthias Baier
Publisher : Routledge
ISBN 13 : 1317054105
Total Pages : 364 pages
Book Rating : 4.08/5 ( download)

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Download or read book Social and Legal Norms written by Matthias Baier and published by Routledge. This book was released on 2016-04-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.

Author : David Plunkett
Publisher : Oxford University Press
ISBN 13 : 0190640413
Total Pages : 384 pages
Book Rating : 4.15/5 ( download)

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Download or read book Dimensions of Normativity written by David Plunkett and published by Oxford University Press. This book was released on 2019-01-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Author : Stanley L. Paulson
Publisher : Oxford University Press
ISBN 13 : 9780198763154
Total Pages : 820 pages
Book Rating : 4.58/5 ( download)

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Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.

Author : Kenneth Einar Himma
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916261
Total Pages : 441 pages
Book Rating : 4.69/5 ( download)

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Download or read book Unpacking Normativity written by Kenneth Einar Himma and published by Bloomsbury Publishing. This book was released on 2018-11-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Michał Araszkiewicz
Publisher : Springer
ISBN 13 : 3319093754
Total Pages : 462 pages
Book Rating : 4.58/5 ( download)

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Download or read book Problems of Normativity, Rules and Rule-Following written by Michał Araszkiewicz and published by Springer. This book was released on 2014-11-07 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
ISBN 13 : 1108473334
Total Pages : 287 pages
Book Rating : 4.30/5 ( download)

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Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Author : Reza Banakar
Publisher : Springer
ISBN 13 : 3319096508
Total Pages : 299 pages
Book Rating : 4.06/5 ( download)

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Download or read book Normativity in Legal Sociology written by Reza Banakar and published by Springer. This book was released on 2014-11-17 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

Author : Jerzy Stelmach
Publisher :
ISBN 13 : 9788362259168
Total Pages : 0 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Normativity of Law written by Jerzy Stelmach and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of legal normativity is one the most controversial issues in the philosophy of law. It was already a subject of heated debate in the 19th century and, over the last 100 years, the study of normativity has taken many shapes and forms, from Kelsen's dualism, through the reductionism proposed by legal realists, to some nihilistic stances. In recent years, there has been a renewed interest in the problems surrounding the concept of law's normativity, and this collection is seen as a contribution to that debate. The book will be of interest to lawyers and philosophers, both at the graduate and professional levels.