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eBook Legal Norms and Normativity: An Essay in Genealogy (Legal Theory Today) download

by Sylvie Delacroix

eBook Legal Norms and Normativity: An Essay in Genealogy (Legal Theory Today) download ISBN: 1841134554
Author: Sylvie Delacroix
Publisher: Hart Publishing; First Edition edition (October 1, 2006)
Language: English
Pages: 218
ePub: 1453 kb
Fb2: 1111 kb
Rating: 4.5
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Category: Act
Subcategory: Legal History

Legal Norms and Normativity: An Essay in Genealogy (Legal Theory Today).

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Book description: This book offers a 'genealogical' explanation of law's normativity. Legal normativity is brought about on a daily basis. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. 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.

Legal normativity is brought about on a daily basis.

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Legal Norms and Normativity: An Essay in Genealogy (Oxford: Hart Publishing) . Delacroix, S. (2010). Meta-Ethical Agnosticism in Legal Theory: Mapping a Way Out’, Jurisprudence, 1(2), 225–40. CrossRefGoogle Scholar. Hart, H. L. A. (1983). Essays in Jurisprudence and Philosophy (Oxford: Clarendon Press). (1994). The Concept of Law, 2nd edn (Oxford: Oxford University Press). Kant, I. (1991 (1797)).

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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 judgments 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.