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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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The Logic of Autonomy - Law, Morality and Autonomous Reasoning (Hardcover, New)
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The Logic of Autonomy - Law, Morality and Autonomous Reasoning (Hardcover, New)
Series: Law and Practical Reason
Expected to ship within 12 - 17 working days
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Autonomy is the central idea of modern practical philosophy.
Understood as self-legislation, autonomy seems to require that the
validity of norms depends on recognition, namely, that their
addressees, being autonomous agents, recognize these norms to be
valid. But, how can one be bound by norms whose validity depends on
their being recognized as valid by their addressees? The questions
of how autonomous morality and, on this basis, the authoritative
character of law can be understood present persistent puzzles that
have been widely discussed, but still await a satisfactory
solution. This book presents an analysis of the idea of autonomy as
self-legislation and its consequences for law and morality. The
book links the idea of autonomy with the idea of the balancing of
normative arguments. It develops a notion of normative arguments as
distinct from normative judgments and statements, and it explains
claims to correctness and objectivity that are found in normative
discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive
in normative reasoning. The book connects theses regarding the
logic of norms, the structure of balancing, human and fundamental
rights, legal validity, legal interpretation, and the relations
among legal systems, offering a theory of central elements of
normative argumentation, a theory that is undergirded by the mutual
relations that exist between and among its parts, as well as
through the relations that it bears to other theories. Moreover, it
offers an alternative to Kantian notions of autonomy and provides
solutions to problems that other theories have not been able to
cope with. (Series: Law and Practical Reason - Vol. 5)
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