Legal norms and normativity : an essay in genealogy / Sylvie Delacroix.

Format:

Book

Author/Creator:

Delacroix, Sylvie, author.

Series:

Legal theory today.

Legal theory today

Language:

English

Subjects (All):

Law.

Natural law.

Normativity (Ethics).

Social norms.

Physical Description:

1 online resource (242 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, OR : Hart Publishing, 2006.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

"This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations."--Bloomsbury Publishing.

Contents:

I Recoiling Strategies. 1 Montaigne ; 2 Kelsen ; 3 Hart

II A Genealogical Endeavour. 4 The Method ; 5 The Story ; 6 Conclusion.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages 207-215) and index.

ISBN:

9786610829262

9781472563743

1472563743

9781280829260

1280829265

9781847312822

1847312829

OCLC:

476062134