Vienna Lectures on Legal Philosophy
Volume 2: Normativism and Anti-normativism in Law
- ISBN: 9781509935901
- Editorial: Hart Publishing
- Fecha de la edición: 2020
- Lugar de la edición: Oxford. Reino Unido
- Colección: Vienna Lectures on Legal Philosophy
- Encuadernación: Cartoné
- Medidas: 24 cm
- Nº Pág.: 280
- Idiomas: Inglés
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law.
The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?
If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved.
With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
1. The Normality of Normativity
2. On the Significance of Virtues in Morality and Law
3. The Basic Norm
Stanley L Paulson
4. Normativity at Large: On Moral Absolutism, Legal Relativism and Social Systems Anti-Normativism
5. Legal Realism and Legal Reasoning: A Quasi-Realist Approach
6. On the Boundaries of Normativity in Law
7. Can We Escape Normativism in Law?
8. Real Constitutional Law: A Revised Madisonian Perspective
9. The Concept of Law Revisited: An Essay in Descriptive Psychology
Anne van Aaken
10. The Foundations of Legal Empirical Studies of European Union Law: A Starter Kit
Urška Šadl and Jakob V H Holtermann
11. Preserving us from Regulatory Power? Legal Normativity and the Possibility of Agency