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The Normative Claim of Law (Hardcover, Uk Ed.)
Loot Price: R3,251
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The Normative Claim of Law (Hardcover, Uk Ed.)
Series: Law and Practical Reason
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This book focuses on a specific component of the normative
dimension of law, namely, law's normative claim. By 'normative
claim, ' meaning the claim that, inherent in the law, is an ability
to guide action by generating practical reasons having a special
status. The thesis that law lays the normative claim has become a
subject of controversy. It has its defenders, as well as many
scholars of different orientations who have acknowledged the
normative claim of law without making a point of defending it
head-on. It has also come under attack from other contemporary
legal theorists and a lively debate has sprung up. This debate
makes up the main subject of this book, which is in essence an
attempt to account for the normative claim and see how its
recognition molds our understanding of the law itself. This
involves: (a) specifying the exact content, boundaries, quality,
and essential traits of the normative claim, (b) explaining how law
can make a claim so specified, and (c) justifying why this should
happen in the first place. The argument is set out in two stages,
corresponding to the two parts in which the book is divided. In the
first part, the author introduces and discusses the meaning,
status, and fundamental traits of law's normative claim. In the
second section, he explores some foundational questions and
determines the grounds of law's normative claim by framing an
account that elaborates on some contemporary discussions of Kant's
conception of humanity as the source of the normativity of
practical reason. This is the first book in Hart Publishing,
Oxford's new series Law and Practical Reason, which addresses
fundamental issues in legal philosophy. The series will be of
interest to students and scholars in moral, political, and legal
philosophy
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