The Normative Claim of Law

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book The Normative Claim of Law by Dr Stefano Bertea, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Stefano Bertea ISBN: 9781847317254
Publisher: Bloomsbury Publishing Publication: October 6, 2009
Imprint: Hart Publishing Language: English
Author: Dr Stefano Bertea
ISBN: 9781847317254
Publisher: Bloomsbury Publishing
Publication: October 6, 2009
Imprint: Hart Publishing
Language: English

This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.

More books from Bloomsbury Publishing

Cover of the book Photography and Failure by Dr Stefano Bertea
Cover of the book Asset–Liability Management for Financial Institutions by Dr Stefano Bertea
Cover of the book US Navy Ships vs Kamikazes 1944–45 by Dr Stefano Bertea
Cover of the book In Search of Love, Money & Revenge by Dr Stefano Bertea
Cover of the book Imagined Communities in Greece and Turkey by Dr Stefano Bertea
Cover of the book British Fiction Today by Dr Stefano Bertea
Cover of the book Politics in the Times of Indignation by Dr Stefano Bertea
Cover of the book Freedom and Force by Dr Stefano Bertea
Cover of the book An Absence of Natural Light by Dr Stefano Bertea
Cover of the book Shakespeare and Religion by Dr Stefano Bertea
Cover of the book Gameworlds by Dr Stefano Bertea
Cover of the book Managing Staff for Improved Performance by Dr Stefano Bertea
Cover of the book The Dogs of Rome by Dr Stefano Bertea
Cover of the book Operation Market-Garden 1944 (3) by Dr Stefano Bertea
Cover of the book The Wit and Wisdom of Boris Johnson by Dr Stefano Bertea
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy