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New Essays on the Normativity of Law (Hardcover, New)
Loot Price: R4,018
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New Essays on the Normativity of Law (Hardcover, New)
Series: Law and Practical Reason
Expected to ship within 10 - 15 working days
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H.L.A. Hart once argued that a theory suppressing the normative
component of law "fails to mark and explain the crucial distinction
between mere regularities of human behavior and rule-governed
behavior." This is a serious drawback for a theory of law, since an
important part of the legal domain is concerned with rule-governed
conduct and may be expressed only by use of such notions as norm,
obligation, duty, and right. These notions require us to
acknowledge the existence of a normative dimension in the legal
domain. This collection of essays contributes to the study of
normativity in law by staging a thorough discussion of the notion,
approached from three directions: the theory of planning agency,
legal conventionalism, and the constitutivist approach. Though not
offering an exhaustive picture of the current debate on the
normativity of law, the book is meant rather to provide the reader
with some authoritative statements of some widely-discussed
families of views of legal normativity. Thus, the volume encourages
a dialogue between different traditions of study and stimulates
those who would not otherwise look outside their tradition of
thought to engage with new ideas. The underlying idea of the
collection is that no general theory of normativity can be put
forward unless it addresses distinct - albeit interrelated -
disciplines, such as the philosophy of mind, metaphysics, theory of
action, meta-ethics, social philosophy, political theory, ethical
theory, and jurisprudence. (Series: Law and Practical Reason)
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