Law and Authority under the Guise of the Good

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book Law and Authority under the Guise of the Good by Dr Veronica Rodriguez-Blanco, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Veronica Rodriguez-Blanco ISBN: 9781782254270
Publisher: Bloomsbury Publishing Publication: December 1, 2014
Imprint: Hart Publishing Language: English
Author: Dr Veronica Rodriguez-Blanco
ISBN: 9781782254270
Publisher: Bloomsbury Publishing
Publication: December 1, 2014
Imprint: Hart Publishing
Language: English

The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.

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

The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.

More books from Bloomsbury Publishing

Cover of the book Creating Tomorrow's Schools Today by Dr Veronica Rodriguez-Blanco
Cover of the book The Remembered Land by Dr Veronica Rodriguez-Blanco
Cover of the book B-57 Canberra Units of the Vietnam War by Dr Veronica Rodriguez-Blanco
Cover of the book A Clean Break by Dr Veronica Rodriguez-Blanco
Cover of the book Encountering Ensemble by Dr Veronica Rodriguez-Blanco
Cover of the book Journeying with Jesus by Dr Veronica Rodriguez-Blanco
Cover of the book The Passion Of Jerome by Dr Veronica Rodriguez-Blanco
Cover of the book Monday Lunch in Fairyland and Other Stories by Dr Veronica Rodriguez-Blanco
Cover of the book Where the Clocks Chime Twice by Dr Veronica Rodriguez-Blanco
Cover of the book Keywords in the Press: The New Labour Years by Dr Veronica Rodriguez-Blanco
Cover of the book Armies of the Balkan Wars 1912–13 by Dr Veronica Rodriguez-Blanco
Cover of the book Carmen Disruption by Dr Veronica Rodriguez-Blanco
Cover of the book The Full Burn by Dr Veronica Rodriguez-Blanco
Cover of the book IPOD, Therefore I Am by Dr Veronica Rodriguez-Blanco
Cover of the book Contract as Assumption by Dr Veronica Rodriguez-Blanco
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