Unpacking normativity : conceptual, normative, and descriptive issues

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書誌事項

Unpacking normativity : conceptual, normative, and descriptive issues

edited by Kenneth Einar Himma, Miodrag Jovanović and Bojan Spaić

Hart, 2021, c2018

  • : pb

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注記

First published in hardback, 2018

Includes bibliographical references and index

内容説明・目次

内容説明

This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view - including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

目次

PART I METHODOLOGICAL APPROACHES TO UNDERSTANDING NORMATIVITY 1. Is Moralised Jurisprudence Redundant? Dimitrios Kyritsis 2. The Metric Approach to Legal Normativity Triantafyllos Gkouvas PART II ON THE NATURE OF LEGAL NORMATIVITY/LEGAL OBLIGATION 3. The Nature of Legal Obligation Brian H Bix 4. The Problems of Legal Normativity and Legal Obligation Kenneth Einar Himma 5. Non-naturalism, Normativity and the Meaning of Ought: Some Lessons from Kelsen George Pavlakos PART III NORMS AS REASONS FOR ACTION 6. Norms, Reasons, and the Law Andrei Marmor 7. Normative Reasoning From a Point of View WJ Waluchow 8. Legal Reasons and Upgrading Reasons Horacio Spector PART IV NORMATIVITY AND LEGAL REASONING 9. Normativity of Basic Rules of Legal Interpretation Bojan Spaic 10. Another Way to Meet Hart's Challenge Andrej Kristan 11. The Constraining Force of Analogies and the Role of the Judge Katharina Stevens 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 Veronica Rodriguez-Blanco 13. Theorising 'Unidentified Normative Objects' of Global Regulatory Regimes Miodrag Jovanovic

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