Unpacking Normativity
Conceptual, Normative, and Descriptive Issues
Published on 1. November 2018
Book
Hardback
288 pages
978-1-5099-1624-5 (ISBN)
Description
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.
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 20 mm
Weight
590 gr
ISBN-13
978-1-5099-1624-5 (9781509916245)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Kenneth Einar Himma | Miodrag Jovanovic | Bojan Spaic
Unpacking Normativity
Conceptual, Normative, and Descriptive Issues
E-Book
11/2018
1st Edition
Hart Publishing
€55.49
Available for download
Persons
Kenneth Einar Himma is Continuing Visiting Professor at the Faculty of Law, University of Belgrade.
Miodrag Jovanovic is a Full Professor in Jurisprudence at the Faculty of Law, University of Belgrade.
Bojan Spaic is an Assistant Professor in General Jurisprudence and Philosophy of Law at the Faculty of Law, University of Belgrade.
Miodrag Jovanovic is a Full Professor in Jurisprudence at the Faculty of Law, University of Belgrade.
Bojan Spaic is an Assistant Professor in General Jurisprudence and Philosophy of Law at the Faculty of Law, University of Belgrade.
Content
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
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