The Normativity of Law

Michael Giudice (York University)

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English

Cambridge University Press
19 December 2024

Analytical philosophy & Logical Positivism; Jurisprudence & philosophy of law; Law & society

Series: Elements in Philosophy of Law

In the philosophy of law there has been a proliferation of advanced work in the last thirty years on the normativity of law.

Recent theories explore law's character as a special kind of convention, shared cooperative activity, and social artifact, among other perspectives, to explain the precise way in which law provides subjects with reasons for action.

Yet, for all their sophistication, such accounts fail to deliver on their promise, which is to establish how law creates more than just legal reasons for action.

This Element aims to survey these views and others, situate them in a broader context of theories about the nature of law, and subsequently suggest a path forward based on the methodological continuity between analytical, evaluative, and empirical approaches to law's normativity.

By: Michael Giudice (York University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Weight: 249g
ISBN: 9781009571425
ISBN 10: 1009571427
Series: Elements in Philosophy of Law
Pages: 78
Publication Date: 19 December 2024
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

Introduction; 1. Natural law theory: law's moral significance; 2. Early and classical legal positivism: Hobbes, Bentham, Austin; 3. Twentieth century positivism: Kelsen and Hart; 4. Twentieth century positivism: Raz; 5. Third theories of law; 6. Social facts and normativity; 7. Coercion and normativity; 8. Observations and lessons; 9. Future directions; Conclusion; References.