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Legal Directives and Practical Reasons Noam Gur (Lecturer in Law, Lecturer in Law, Queen Mary University of London)

Legal Directives and Practical Reasons von Noam Gur (Lecturer in Law, Lecturer in Law, Queen Mary University of London)

Legal Directives and Practical Reasons Noam Gur (Lecturer in Law, Lecturer in Law, Queen Mary University of London)


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Zusammenfassung

This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.

Legal Directives and Practical Reasons Zusammenfassung

Legal Directives and Practical Reasons Noam Gur (Lecturer in Law, Lecturer in Law, Queen Mary University of London)

This book investigates law's interaction with practical reasons. What difference can legal requirements-e.g. traffic rules, tax laws, or work safety regulations-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 understanding of law's interaction with practical reasons. At the outset, two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm-it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. Runner-up for the Peter Birks Book Prize for Outstanding Legal Scholarship 2019.

Legal Directives and Practical Reasons Bewertungen

I give Gur's book my highest recommendation. The topic of the book is both interesting and important, the discussion of the various questions is at all times subtle and illuminating, and in addition, Gur is a very good stylist. Having read this book, I understand the ideas and arguments involved much better than I did before. * Torben Spaak, Jurisprudence *
Noam Gur has written a lucid and leading contribution to the rationalist strain of legal theory. ... I heartily recommend the entirety of the book to anyone interested in the rationalist project. * N. P. Adams, The Modern Law Review *
This very readable book is about the kind of reasons to comply with the law that law can provide and - under favorable conditions - does provide ... Gur carefully criticizes the two positions as inadequate before developing a refreshingly different sort of answer. The reader will be surprised to learn what this difference implies about the law and its authority. * Barbara Baum Levenbook, JOTWELL *

Über Noam Gur (Lecturer in Law, Lecturer in Law, Queen Mary University of London)

Noam Gur is a lecturer in law at Queen Mary University of London. He specializes in jurisprudence and legal theory, and has further research interests in political theory and in tort law. He previously held a post-doctoral position at the University of Oxford, where he also earned his doctorate and master's degrees in law. He obtained his first degree in law from the Hebrew University of Jerusalem, after which he clerked at the Supreme Court of Israel and worked as a lawyer in a private firm.

Inhaltsverzeichnis

1: Introduction Part I: A Case Against The Pre-emption Thesis 2: The Challenge and Possible Replies 3: Lack of Authority 4: Scope of Exclusion Part II: A Critical Examination of the Weighing Model 5: The Phenomenological Argument 6: The Functional Argument Part III: The Dispositional Model 7: The Dispositional Model Expounded 8: The Dispositional Model Advocated 9: The Dispositional Model: Further Theoretical Issues

Zusätzliche Informationen

GOR013579763
9780199659876
0199659877
Legal Directives and Practical Reasons Noam Gur (Lecturer in Law, Lecturer in Law, Queen Mary University of London)
Gebraucht - Sehr Gut
Gebundene Ausgabe
Oxford University Press
2018-11-29
252
N/A
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