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Unpacking Normativity : Conceptual, Normative, and Descriptive Issues.
| Call Number: | Libro Electrónico |
|---|---|
| Main Author: | |
| Other Authors: | , |
| Format: | Electronic eBook |
| Language: | Inglés |
| Published: |
London :
Bloomsbury Publishing PLC,
2018.
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| Subjects: | |
| Online Access: | Texto completo |
Table of Contents:
- Intro; Table of Contents; List of Contributors; Table of Cases; Table of Legislation; Introduction; PART I METHODOLOGICAL APPROACHES TO UNDERSTANDING NORMATIVITY; 1. Is Moralised Jurisprudence Redundant?; I. Introduction; II. Indirect Evaluation and Theories of Law; III. A Wrong Turn; IV. Law and Participants' Self-Understanding; V. Conclusion; 2. The Metric Approach to Legal Normativity; I. Introduction; II. The Three Functions of the Nexus; III. Legal Reasons as Nexus Reasons; IV. Loosing the Nexus; PART II ON THE NATURE OF LEGAL NORMATIVITY/LEGAL OBLIGATION.
- 3. The Nature of Legal ObligationI. Introduction; II. The Nature of Legal Obligation
- Question 1: Normativity as a Matter of Choice?; III. The Nature of Legal Obligation: Question 2: Sui Generis?; IV. Conclusion; 4. The Problems of Legal Normativity and Legal Obligation; I. Introduction; II. The Problem of Legal Normativity; III. The Problem of Legal Obligation and Its Logical Relation to the Problem of Legal Normativity; IV. The Distinction between Subjective and Objective Reasons; V.A Non-Orthodox Account of the Nature of Legal Obligation.
- VI. Explaining Law's Normativity in Terms of Basic Reasons: Moral and Prudential Reasons for ActionVII. Summary and Conclusions; 5. Non-naturalism, Normativity and the Meaning of Ought : Some Lessons from Kelsen; I. Introduction; II. Purity; III. Non-Naturalism; IV. Imputation; V. Psychologism; VI. Fragmentation; VII. Conclusion and Summary; PART III NORMS AS REASONS FOR ACTION; 6. Norms, Reasons, and the Law; I. Introduction; II. Codifying Norms; III. Reason-instantiating Norms; IV. Constitutive Norms; V. Authoritative Norms; VI. Is Law's Normativity Unique?
- 7. Normative Reasoning From a Point of ViewI. Introduction; II. Reasoning From a Point of View; III. Objection 1: Application versus Interpretation; IV. Objection 2: The Circumstances of Judging; V. Conclusion; 8. Legal Reasons and Upgrading Reasons; I. Introduction; II. The Codification Account; III. The Triggering Account; IV. The Multi-tiered Account; PART IV NORMATIVITY AND LEGAL REASONING; 9. Normativity of Basic Rules of Legal Interpretation; I. Introduction; II. Following Basic Rules of Legal Interpretation; III. Fundamental and Derivative Normativity of Interpretation; IV. Conclusion.
- 10. Another Way to Meet Hart's ChallengeI. Introduction; II. The Argument from Fallibility; III. A Paradox of Hart's Fallible Finality; IV. An Alternative Account of the Normativity of Legal Discourse; 11. The Constraining Force of Analogies and the Role of the Judge; I. Introduction; II. The Worry Explained; III. Judges as Interlocutors; IV. A Friend to the Arguer, A Foe to the Interlocutor; PART V LEGAL NORMATIVITY BEYOND THE STATE; 12. What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law; I. Introduction.