Theories of legal obligation / Deryck Beyleveld, Stefano Bertea, editors.
2024
K830 .T54 2024 (Mapit)
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Title
Theories of legal obligation / Deryck Beyleveld, Stefano Bertea, editors.
Imprint
Cham, Switzerland : Springer, [2024]
Copyright
©2024
Description
v, 168 pages ; 25 cm.
Series
Law and philosophy library ; v. 146. 1572-4395
Formatted Contents Note
Introduction / Deryck Beyleveld and Stefano Bertea
Part I: What a Legal Obligation is
Toward a Minimal Conception of Legal Obligation / Lorenz Kaehler
What is a Legal Obligation? / Stefano Bertea
Part II: Theoretical Perspectives on Legal Obligation
Why Any Legal Positivist Idea of Legal Obligation is Untenable : A Kantian-Gewirthian Synthesis / Deryck Beyleveld
Gustav Radbruch's Theory of Legal Obligation / Martin Borowski
Part III: Forms of Legal Obligation
Is There a Legal Duty not to Harm in Tort Law? / Diego M. Papayannis
Reflections on the Justifiability of Authority : Raz vs. Wolff / Noam Gur.
Part I: What a Legal Obligation is
Toward a Minimal Conception of Legal Obligation / Lorenz Kaehler
What is a Legal Obligation? / Stefano Bertea
Part II: Theoretical Perspectives on Legal Obligation
Why Any Legal Positivist Idea of Legal Obligation is Untenable : A Kantian-Gewirthian Synthesis / Deryck Beyleveld
Gustav Radbruch's Theory of Legal Obligation / Martin Borowski
Part III: Forms of Legal Obligation
Is There a Legal Duty not to Harm in Tort Law? / Diego M. Papayannis
Reflections on the Justifiability of Authority : Raz vs. Wolff / Noam Gur.
Summary
This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion -- legal obligation -- that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.
Bibliography, etc. Note
Includes bibliographical references.
Available in Other Form
Online version: Theories of legal obligation. Cham, Switzerland : Springer, [2024]
Call Number
K830 .T54 2024
Language
English
ISBN
9783031540660 (paperback)
3031540662 (paperback)
9783031540677 (eBook)
3031540662 (paperback)
9783031540677 (eBook)
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