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Author: Stefano Bertea
Publisher: Routledge
ISBN: 1000094219
Category : Law
Languages : en
Pages : 295
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Book Description
Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Author: Stefano Bertea
Publisher: Routledge
ISBN: 1000094219
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Author: Stefano Bertea
Publisher: Cambridge University Press
ISBN: 1108475108
Category : Law
Languages : en
Pages : 379
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Book Description
Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
Author: Scott Veitch
Publisher: Routledge
ISBN: 1000344851
Category : Law
Languages : en
Pages : 176
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Book Description
Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Author: Deryck Beyleveld
Publisher: Springer Nature
ISBN: 3031540670
Category :
Languages : en
Pages : 168
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Book Description
Author: Hans-Christoph Schmidt am Busch
Publisher: Rowman & Littlefield
ISBN: 9780739144251
Category : Philosophy
Languages : en
Pages : 394
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Book Description
The theory of recognition is now a well-established and mature research paradigm in philosophy, and it is both influential in and influenced by developments in other fields of the humanities and social sciences. From debates in moral philosophy about the fundamental roots of obligation, to debates in political philosophy about the character of multicultural societies, to debates in legal theory about the structure and justification of rights, to debates in social theory about the prospects and proper objects of critical theory, to debates in ontology, philosophical anthropology and psychology about the structure of personal and group identities, theories based on the concept of intersubjective recognition have staked out central positions. At the same time, contemporary theories of recognition are strongly, perhaps indissociably, connected to themes in the history of philosophy, especially as treated in German idealism. This volume compromises a collection of original papers by eminent international scholars working at the forefront of recognition theory and provides an unparalleled view of the depth and diversity of philosophical research on the topic. Its particular strength is in exploring connections between the history of philosophy and contemporary research by combining in one volume full treatments of classical authors on recognition--Rousseau, Kant, Fichte, Hegel, Marx, Freud--with cutting edge work by leading contemporary philosophers of recognition, including Fraser, Honneth, and others.
Author: Daniel Matthews
Publisher: Routledge
ISBN: 1351403699
Category : Law
Languages : en
Pages : 325
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Book Description
Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
Author: Detlef von Daniels
Publisher: Routledge
ISBN: 1317037545
Category : Law
Languages : en
Pages : 236
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Book Description
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
Author: Daniel Mark
Publisher: University of Notre Dame Pess
ISBN: 0268208204
Category : Philosophy
Languages : en
Pages : 305
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Book Description
Challenging the prevailing understanding of the authority of law, Daniel Mark offers a theory of moral obligation that is rooted both in command and in the law’s orientation to the common good. When and why do we have an obligation to obey the law? Prevailing theories in the philosophy of law, starting with the work of H. L. A. Hart and Joseph Raz, fail to provide definitive answers regarding the nature of legal obligation. In this highly original and effective new work, Daniel Mark argues that there is a prima facie moral obligation to obey the law simply because it is the law. In Mark’s view, the best concept of law—one that allows for the possibility of justified authority and obligation—defines law as a set of commands oriented to the common good. Legal obligation, he proposes, shares defining features with moral obligation and with religious obligation while aligning wholly with neither. This philosophically coherent view of legal obligation offers a viable framework for analyzing important and seemingly paradoxical puzzles about the law, such as why civil disobedience is punished as lawbreaking or why war-crimes trials for legal but immoral acts present a moral quandary. By reconciling the concept of law as command with the role of law in promoting the common good, The Nature of Law provides an original and important scholarly contribution to the fields of legal philosophy and political thought.
Author: Daniel Markovits
Publisher: Princeton University Press
ISBN: 1400828988
Category : Philosophy
Languages : en
Pages : 374
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Book Description
A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.
Author: Jacob Neusner
Publisher: BRILL
ISBN: 9047410068
Category : History
Languages : en
Pages : 234
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Book Description
This second volume of a two-part project on the Mishnah displays a broad selection of approaches to the study of the Mishnah in the contemporary academy. The work derives from Israel, North America, and Europe and shows the intellectual vitality of scholarship in all three centers of learning. What these articles show in diverse ways is that the Mishnah forms a critical focus of the study of Judaism. The authors of these studies represent the best of contemporary scholarship on the Mishnah. Because of the many viewpoints included here, this is the most representative selection of contemporary Mishnah-study available in any collection in a Western language.
