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Unpacking Normativity: Conceptual, Normative, and Descriptive Issues

Unpacking Normativity: Conceptual, Normative, and Descriptive Issues

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943951
  • 出版时间 January 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509916245
RM320.34
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  • 描述 
  • 大纲 
  • 详细

    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.

  • PART I. METHODOLOGICAL APPROACHES TO UNDERSTANDING NORMATIVITY
    1. Is Moralised Jurisprudence Redundant?
    Dimitrios Kyritsis
    2. The Metric Approach to Legal Normativity
    Triantafyllos Gkouvas
    PART II. ON THE NATURE OF LEGAL NORMATIVITY/LEGAL OBLIGATION
    3. The Nature of Legal Obligation
    Brian H. Bix
    4. The Problems of Legal Normativity and Legal Obligation
    Kenneth Einar Himma
    5. Non-naturalism, Normativity and the Meaning of Ought: Some Lessons from Kelsen
    George Pavlakos
    PART III. NORMS AS REASONS FOR ACTION
    6. Norms, Reasons, and the Law
    Andrei Marmor
    7. Normative Reasoning From a Point of View
    W.J. Waluchow
    8. Legal Reasons and Upgrading Reasons
    Horacio Spector
    PART IV. NORMATIVITY AND LEGAL REASONING
    9. Normativity of Basic Rules of Legal Interpretation
    Bojan Spaic
    10. Another Way to Meet Hart's Challenge
    Andrej Kristan
    11. The Constraining Force of Analogies and the Role of the Judge
    Katharina Stevens
    PART V. LEGAL NORMATIVITY BEYOND THE STATE
    12. What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law
    Veronica Rodriguez-Blanco
    13. Theorising 'Unidentified Normative Objects' of Global Regulatory Regimes
    Miodrag Jovanovic

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