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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.
Legal theory and methods. Philosophy of law --- Law --- Norm (Philosophy) --- Normativity (Ethics) --- Social norms. --- Philosophy. --- Norm (Philosophy). --- Normativity (Ethics). --- Social norms --- Folkways --- Norms, Social --- Rules, Social --- Social rules --- Manners and customs --- Social control --- Philosophy --- Ethical norms --- Normativeness (Ethics) --- Ethics --- Jurisprudence
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"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."--Bloomsbury Publishing.
Law --- Norm (Philosophy) --- Normativity (Ethics) --- Social norms. --- Philosophy.
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Interpersonal relations --- National characteristics, Chinese --- Social interaction --- Social norms --- China --- Social life and customs.
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"Andrew Sayer undertakes a fundamental critique of social science's difficulties in acknowledging that people's relation to the world is one of concern. As sentient beings, capable of flourishing and suffering, and particularly vulnerable to how others treat us, our view of the world is substantially evaluative. Yet modernist ways of thinking encourage the common but extraordinary belief that values are beyond reason, and merely subjective or matters of convention, with little or nothing to do with the kind of beings people are, the quality of their social relations, their material circumstances or well-being. The author shows how social theory and philosophy need to change to reflect the complexity of everyday ethical concerns and the importance people attach to dignity. He argues for a robustly critical social science that explains and evaluates social life from the standpoint of human flourishing"-- "This book is about social science's difficulties in acknowledging that people's relation to the world is one of concern. When we ask a friend how they are, they might reply in any number of ways, for example: 'I'm OK, thanks: my daughter's enjoying school, things are good at home and we've just had a great holiday.' 'Not so good: the boss is always in a bad mood and I'm worried about losing my job.' 'OK myself but I'm really appalled by what's been happening in the war.''I'm a bit depressed: I don't know where my life is going.' Such responses indicate that things matter to people, and make a difference to 'how they are'. Their lives can go well or badly, and their sense of well-being depends at least in part on how these other things that they care about - significant others, practices, objects, political causes - are faring, and on how others are treating them"--
Sociology of culture --- General ethics --- Social psychology --- Normativity (Ethics) --- Social norms --- Social sciences --- Social values --- Values --- Axiology --- Worth --- Aesthetics --- Knowledge, Theory of --- Metaphysics --- Psychology --- Ethics --- Behavioral sciences --- Human sciences --- Sciences, Social --- Social science --- Social studies --- Civilization --- Folkways --- Norms, Social --- Rules, Social --- Social rules --- Manners and customs --- Social control --- Ethical norms --- Normativeness (Ethics) --- Moral and ethical aspects --- Social values. --- Social norms. --- Values. --- Moral and ethical aspects. --- Social Sciences --- Sociology
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Inheritance relation and institution of inheritance are the main subjects of this book. Inheritance is a process regulating the transfer of property by the deceased among his/hers inheritors. The transfer of property, assets, as well as certain rights and obligations from the deceased to inheritors settles in probate proceedings. Since 1955, inheritance in Serbia can be two fold: legal and testamentary. The Serbian legislature does not recognize other inheritances, such as inheritance contract. Therefore, an inheritance is possible only when a person dies, or when a person is declared dead. Legal inheritance presumes the deceased is inherited by his/hers legal inheritors, divided into inheritance levels according to kinship relatedness and kinship lineage with the deceased. Furthermore, inheritors of the closer inheritance levels exclude from the inheritance inheritors of the further inheritance level, hence the principle of exclusion is applied. The first inheritance level includes the deceased biological and adopted offspring, as well as conjugal partners. Persons related by blood with the deceased, that is, related by birth, have an equal right to inheritance as persons related by civil kinship, that is, related by adoption with the deceased. Gender equality of all offspring is one of the main legal rules of inheritance established by the socialist legislature in Serbia. Legal inheritance also assumes the rule according to which all inheritors of the same level have an equal right to inheritance. An exception to this rule is a spouse, for he/she, within legal inheritance, is entitled to one half of the deceased assets. That is, this inheritance portion is larger than inheritance portions of the deceased’s offspring, or all other inheritors. Testamentary inheritance, in contrast to legal, grants a person to dispose his/her property at own discretion. At the same time, the Law on Inheritance regulates that a testament cannot be open or property divided until the death of the Testator. In this way, compliance is attained between rules about testamentary inheritance and general rules of inheritance, as defined in the Law of Inheritance. Despite this regulation, practice often witnesses deviations from certain legal normative. Disagreement of theory and practice is not a sole characteristic of inheritance but also of other spheres in civil law. The institution of inheritance and inheritance practice do differ, however, from other law spheres in explicit parallel application of legal and customary normative. This parallel practice is in application throughout Serbia for more than a century in spite that civil law and legislation do not consider customary normative as a source of law. Customary law, due to this refutation, so represents an illegitimate law system. This issue provokes a number of questions, primarily: within legal and testamentary inheritance, how it is possible to have a parallel application of legal (official) and customary normative while at the same time, the whole procedure is considered legal? The parallel application of customary and law normative is not problematic solely in this matter but also raises a concern of collision in between the two respective normative. The collision emerges as a result of essentially different, opposed principles of inheritance within the two law systems.
Social Sciences --- Law, Constitution, Jurisprudence --- Customs / Folklore --- Geography, Regional studies --- Regional Geography --- History of Law --- Sociology --- Social Norms / Social Control
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History of civilization --- History of France --- Feminism --- Singles --- Norms --- Sex work --- Sexuality --- Images of women --- Féminité --- Legislation --- Book --- Discrimination --- Divorce --- Citizenship --- anno 1800-1899 --- anno 1900-1909 --- France
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Religious studies --- Sociology of culture --- Sociology of the family. Sociology of sexuality --- Politics --- Economics --- Teaching --- Sexology --- History --- Family --- Gender roles --- Norms --- Education --- Religion --- Sexuality --- Book --- Culture --- Economy
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Religious studies --- Islam --- Sociology of culture --- Sociology of the family. Sociology of sexuality --- Feminism --- Norms --- Patriarchy --- Points of view --- Book --- Veil
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