The normativity of law / Michael Giudice.

Format:

Book

Author/Creator:

Giudice, Michael, author.

Series:

Cambridge elements. Elements in the philosophy of law 2631-5815.

Cambridge elements. Elements in the philosophy of law, 2631-5815

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Physical Description:

1 online resource (69 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2024.

Summary:

"In the philosophy of law there has been a proliferation of advanced work in the last thirty years on the normativity of law. Recent theories explore law's character as a special kind of convention, shared cooperative activity, and social artifact, among other perspectives, to explain the precise way in which law provides subjects with reasons for action. Yet, for all their sophistication, such accounts fail to deliver on their promise, which is to establish how law creates more than just legal reasons for action. This Element aims to survey these views and others, situate them in a broader context of theories about the nature of law, and subsequently suggest a path forward based on the methodological continuity between analytical, evaluative, and empirical approaches to law's normativity."--Provided by publisher

Contents:

The moral normativity of law : Aristotle, Aquinas, Finnis

Classical legal positivism : Hobbes, Bentham, Austin

Twentieth-century positivism : Kelsen and Hart

Twentieth-century positivism : Raz

"Third" theories of law

Social facts and the normativity of law

Coercion and law's normativity

Observations and lessons

Future directions

Notes:

Title from publisher's bibliographic system (viewed on 29 Nov 2024).

ISBN:

9781009209847

1009209841

9781009209861

1009209868

9781009209854

100920985X

OCLC:

1493321480