Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-normativism in Law
- 240 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Vienna Lectures on Legal Philosophy, Volume 2
Normativism and Anti-normativism in Law
About This Book
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.
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Table of contents
- Cover
- Title Page
- Preface
- Table of Contents
- List of Contributors
- 1. The Normality of Normativity
- 2. On the Significance of Virtues in Morality and Law
- 3. The Basic Norm
- 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
- 10. The Foundations of Legal Empirical Studies of European Union Law: A Starter Kit
- 11. Preserving us from Regulatory Power? Legal Normativity and the Possibility of Agency
- Index
- Copyright Page