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book (6)

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Book
Law and authority under the guise of the good
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ISBN: 1509908447 1474202055 1782254269 9781782254263 132234275X 9781322342757 1849464499 9781849464499 1782254277 9781782254270 9781474202053 9781849464499 Year: 2014 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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Abstract

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


Book
Reasons and intentions in law and practical agency
Authors: ---
ISBN: 1316255700 1316234894 1316236781 1316253805 1316250024 1107642922 1316251918 1107707579 1316248127 131624623X 1107070724 1322882371 9781316248126 9781107642928 9781107707573 9781316234891 9781316236789 9781316250020 9781316251911 9781107070721 Year: 2015 Publisher: New York

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Abstract

This collection of new essays explores in depth how and why we act when we follow practical standards, particularly in connection with the authority of legal texts and lawmakers. The essays focus on the interplay of intentions and practical reasons, engaging incisive arguments to demonstrate both the close connection between them, and the inadequacy of accounts that downplay this important link. Their wide-ranging discussion includes topics such as legal interpretation, the paradox of intention, the relation between moral and legal obligation, and legal realism. The volume will appeal to scholars and students of legal philosophy, moral philosophy, law, social science, cognitive psychology, and philosophy of action.


Book
Agency, negligence and responsibility
Authors: ---
ISBN: 1108628222 1108572979 1108571379 1108498108 Year: 2022 Publisher: Cambridge : Cambridge University Press,

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Abstract

This collection of essays represents a ground-breaking collaboration between moral philosophers, action theorists, lawyers and legal theorists to set a fresh research agenda on agency and responsibility in negligence. The complex phenomenon of responsibility in negligence is analysed from multi- and interdisciplinary perspectives, shedding light on key ethical and legal issues related to agency and negligence to impact substantive law and policy-making in different jurisdictions. The volume introduces new debates and questions old assumptions, inviting the reader to rethink substantive law and practical ethical reflection.


Book
Agency, negligence and responsibility
Authors: ---
ISBN: 9781108628228 9781108498104 9781108702904 Year: 2022 Publisher: Cambridge Cambridge University Press

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Dissertation
Moral objectivity and law : between the legal theories of Ronald Dworkin and Michael Moore

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Book
Dignity in the legal and political philosophy of Ronald Dworkin
Authors: --- ---
ISBN: 9780199484171 Year: 2018 Publisher: Oxford Oxford University Press

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Dissertation
Moral objectivity and law : between the legal theories of Ronald Dworkin and Michael Moore

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Book
Reasons and intentions in law and practical agency
Authors: --- ---
ISBN: 9781107070721 Year: 2015 Publisher: Cambridge [etc.] Cambridge University Press

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