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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Law and Authority under the Guise of the Good (Hardcover)
Loot Price: R2,660
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Law and Authority under the Guise of the Good (Hardcover)
Series: Law and Practical Reason
Expected to ship within 12 - 17 working days
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The received view on the nature of legal authority contains the
idea that a sound account of legitimate authority will explain how
a legal authority has a right to command and the addressee a duty
to obey. The received view fails to explain, however, how legal
authority truly operates upon human beings as rational creatures
with specific psychological makeups. This book takes a bottom-up
approach, beginning at the microscopic level of agency and
practical reason and leading to the justificatory framework of
authority. The book argues that an understanding of the nature of
legal normativity involves an understanding of the nature and
structure of practical reason in the context of the law, and
advances the idea that legal authority and normativity are
intertwined. This point can be summarised thus: if we are able to
understand both how the agent exercises his or her practical reason
under legal directives and commands and how the agent engages his
or her practical reason by following legal rules grounded on
reasons for actions as good-making characteristics, then we can
fully grasp the nature of legal authority and legal normativity.
Using the philosophies of action enshrined in the works of
Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study
explains practical reason as diachronic future-directed intention
in action and argues that this conception illuminates the structure
of practical reason of the legal rules' addressees. The account is
comprehensive and enables us to distinguish authoritative and
normative legal rules in just and good legal systems from
'apparent' authoritative and normative legal rules of evil legal
systems. At the heart of the book is the methodological view of a
'practical turn' to elucidate the nature of legal normativity and
authority.
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