Download between authority and interpretation on the theory of law and practical reason in pdf or read between authority and interpretation on the theory of law and practical reason in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get between authority and interpretation on the theory of law and practical reason in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Between Authority And Interpretation

Author: Joseph Raz
Publisher: OUP Oxford
ISBN: 0191580341
Size: 15.54 MB
Format: PDF
View: 6807
Download and Read
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

The Authority Of Law In The Hebrew Bible And Early Judaism

Author: Jonathan Vroom
Publisher: BRILL
ISBN: 9004381643
Size: 40.29 MB
Format: PDF, Mobi
View: 6373
Download and Read
In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom tracks the emergence of legal obligation in early Judaism. He draws from legal theory to develop a means of identifying instances in which ancient interpreters treated a legal text as a source of binding obligation.

Legal Directives And Practical Reasons

Author: Noam Gur
Publisher: Oxford University Press
ISBN: 0191059064
Size: 65.22 MB
Format: PDF, ePub, Docs
View: 2905
Download and Read
This book investigates laws interaction with practical reasons. What difference can legal requirements - be they traffic rules, tax laws, work safety regulations, or others - make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative account of the relation between law and practical reasons. At the outset, two competing positions are pitted against each other: first, the view taken by Joseph Raz, that when the law satisfies certain conditions that endow it with legitimate authority, it acquires pre-emptive force, namely it constitutes reasons for action that exclude and take the place of some other reasons; second, an antithetical position, according to which legal requirements cannot exclude otherwise applicable reasons, but can at most provide us with reasons that operate, and compete with opposing reasons, in terms of their weight. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function, and the phenomenology associated with authority. It is found that, although each of the above positions offers insight into the relation between law and practical reasons, they both suffer from significant flaws. These observations lay the basis on which, in the final part of the book, an alternative position is put forward and defended. On this position, the existence and operation of a reasonably just and well-functioning legal system constitutes some reasons that are neither ordinary reasons for action nor pre-emptive ones, but rather reasons to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements.

Law And Life In Common

Author: Timothy Macklem
Publisher: OUP Oxford
ISBN: 0191054682
Size: 32.54 MB
Format: PDF, ePub, Docs
View: 4496
Download and Read
We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and in theoretical accounts of it, proceeds as if its rational pull was conclusive, as if there were no sensible alternative to compliance with its terms. In itself that should not be surprising: each of us often acts as if the reasons that animate us were morally determinative. Why should law operate in any other way? Yet we know that in fact reasons are usually not determinative of action, and while pretence to the contrary may not much matter in individual settings, it matters very much in the setting of the law. The ability of the law to build a life in common, of whatever kind, is dependent on its ability to function, most of the time at least, as if its claims were pre-eminent, rather than undefeated at best. If law is to succeed in its basic project of binding people to its aims, it must buttress its limited rational claims with arational appeals. It needs partners, not only in the prudential considerations that force gives rise to, but also in the beguilement that shared imaginings make possible. This book is an exploration of those partnerships, in principle and in their most important details.

Interpretation In International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Size: 29.82 MB
Format: PDF, Mobi
View: 942
Download and Read
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

The Language Of Law

Author: Andrei Marmor
Publisher: OUP Oxford
ISBN: 0191023957
Size: 31.99 MB
Format: PDF, Docs
View: 2810
Download and Read
The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

Reine Rechtslehre

Author: Hans Kelsen
Publisher: Mohr Siebeck
ISBN: 9783161497032
Size: 30.28 MB
Format: PDF, Mobi
View: 802
Download and Read
Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.

Making Transnational Law Work In The Global Economy

Author: Pieter H. F. Bekker
Publisher: Cambridge University Press
ISBN: 1139492144
Size: 72.22 MB
Format: PDF, ePub, Docs
View: 3486
Download and Read
This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.