Reasons and Intentions in Law and Practical Agency


Book Description

This collection of new essays explores in depth how and why we act when we follow practical standards, particularly in connection with the authority of legal texts and lawmakers. The essays focus on the interplay of intentions and practical reasons, engaging incisive arguments to demonstrate both the close connection between them, and the inadequacy of accounts that downplay this important link. Their wide-ranging discussion includes topics such as legal interpretation, the paradox of intention, the relation between moral and legal obligation, and legal realism. The volume will appeal to scholars and students of legal philosophy, moral philosophy, law, social science, cognitive psychology, and philosophy of action.




Reasons and Intentions in Law and Practical Agency


Book Description

A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.







Agency, Negligence and Responsibility


Book Description

An agenda-setting multidisciplinary and interdisciplinary analysis of the complex phenomenon of responsibility in negligence.




Intention and Wrongdoing


Book Description

A comprehensive defense of the principle of double effect and the importance of intentions for normative ethics.




Agency, Morality and Law


Book Description

How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.




Freedom and Force


Book Description

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.




Rational Powers in Action


Book Description

Human actions unfold over time, in pursuit of ends that are not fully specified in advance. Rational Powers in Action locates these features of the human condition at the heart of a new theory of instrumental rationality. Where many theories of rational agency focus on instantaneous choices between sharply defined outcomes, treating the temporally extended and partially open-ended character of action as an afterthought, this book argues that the deep structure of instrumental rationality can only be understood if we see how it governs the pursuit of long-term, indeterminate ends. These are ends that cannot be realized through a single momentary action, and whose content leaves partly open what counts as realizing the end. Sergio Tenenbaum argues that we need to focus on temporal duration and the indeterminacy of ends in intentional action, even to explain the rational governance of relatively simple actions. Theories of moment-by-moment preference maximization, or indeed any understanding of instrumental rationality on the basis of momentary mental items, cannot capture the fundamental structure of our instrumentally rational capacities. Tenenbaum provides a new theory of instrumental rationality as rationality in action.




Practice Theory and Law


Book Description

This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists. Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.




The Nature of International Law


Book Description

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.