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Mutual Expectations - A Conventionalist Theory of Law (Paperback, Softcover reprint of hardcover 1st ed. 2002)
Loot Price: R4,353
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Mutual Expectations - A Conventionalist Theory of Law (Paperback, Softcover reprint of hardcover 1st ed. 2002)
Series: Law and Philosophy Library, 56
Expected to ship within 10 - 15 working days
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The law persists because people have reasons to comply with its
rules. What characterizes those reasons is their interdependence:
each of us only has a reason to comply because he or she expects
the others to comply for the same reasons. The rules may help us to
solve coordination problems, but the interaction patterns regulated
by them also include Prisoner's Dilemma games, Division problems
and Assurance problems. In these "games" the rules can only persist
if people can be expected to be moved by considerations of fidelity
and fairness, not only of prudence.
This book takes a fresh look at the perennial problems of legal
philosophy - the source of obligation to obey the law, the nature
of authority, the relationship between law and morality, and the
nature of legal argument - from the perspective of this
conventionalist understanding of social rules. It argues that,
since the resilience of such rules depends on cooperative
dispositions, conventionalism, properly understood, does not imply
positivism.
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