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Law and Life in Common (Hardcover)
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Law and Life in Common (Hardcover)
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We live in a moral world in which reasons come in different kinds
as well as different weights, so that the claims of one reason upon
us are often different from but no greater than the claims of some
other reason. Yet law, in its self-presentation and in theoretical
accounts of it, proceeds as if its rational pull was conclusive, as
if there were no sensible alternative to compliance with its terms.
In itself that should not be surprising: each of us often acts as
if the reasons that animate us were morally determinative. Why
should law operate in any other way? Yet we know that in fact
reasons are usually not determinative of action, and while pretence
to the contrary may not much matter in individual settings, it
matters very much in the setting of the law. The ability of the law
to build a life in common, of whatever kind, is dependent on its
ability to function, most of the time at least, as if its claims
were pre-eminent, rather than undefeated at best. If law is to
succeed in its basic project of binding people to its aims, it must
buttress its limited rational claims with arational appeals. It
needs partners, not only in the prudential considerations that
force gives rise to, but also in the beguilement that shared
imaginings make possible. This book is an exploration of those
partnerships, in principle and in their most important details.
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