"A Glasshouse book" Includes bibliographical references and index.
Contents:
Contemporary Theories of Legal Obligation : A Tentative Critical Map / Stefano Bertea -- Two Kinds of Normativity / Jaap Hage -- Legal Obligation as Mental Necessity for Action / Dietmar von der Pftorden -- Hans Kelsen as an Outlier : The Defence of a Radical Norm Theory / Stanley Paulson -- me Heretical Thoughts on Legal Normativity / Brian H. Bix -- A Positivist Concept of Legal Obligation / Giorgio Pino -- Unstated Legal Obligations / Dale Smith -- Legal Obligation and the Criminal Law / R A Duff -- On the Moral Impact Theory of Legal Obligations / Ezequiel Monti -- Persuade or Obey : Crito and the Preconditions for Justice / Margaret Martin -- Legal Obligations and Defeater / Jose Juan Moreso.
Summary:
"Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.