Autonomy and Law
Autonomy and Law

Administrative / Constitutional Law

Autonomy and Law

By Jan-R. Sieckmann
Springer International September 2025

Specifications

ISBN-13
9783031965777
Publisher
Springer International
Publication
September 2025
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book defends the idea of autonomy as the balancing of normative arguments, which captures the essential feature of autonomous judgement as being simultaneously free and normatively bound. However, this approach runs counter to the dominant view of arguments as propositions, and to Kantian notions of autonomy. Here, it is applied to three core dimensions of law: law as legal system, as legal practice, and as normative judgement, leading to specific views of legal validity, legal interpretation, and the necessary content of law in the form of human rights principles. Lastly, the autonomous reasoning perspective is applied to conflicts of law with morality and with competing legal systems.

Table of Contents

1.
Introduction
2.
Autonomous Reasoning Revisited
3.
The Logical Structure Of Principles
4.
Balancing As Optimisation
5.
Alternative Approaches To Balancing
6.
Epistemic Issues Of Balancing
7.
Dimensions Of Law
8.
Competences And Formal Principles
9.
Balancing And Interpretation
10.
The Foundation Of Fundamental Rights
11.
Rights Balancing
12.
Normative Legal Pluralism
13.
Law And Morality
14.
Resume
15.
Appendix
HKD 1,462.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Can Courts be Bulwarks of Democracy? Judges and the Politics of Prudence
Cambridge University Press

Can Courts be Bulwarks of Democracy? Judges and the Politics of Prudence

Jeffrey K. Staton; Christopher Reenock; Jordan Holsinger
HKD 1,374.49
Rhetorical Processes and Legal Judgments: How Language and Arguments Shape Struggles for Rights and Power
Cambridge University Press

Rhetorical Processes and Legal Judgments: How Language and Arguments Shape Struggles for Rights and Power

Austin Sarat
HKD 428.74
Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy
Hart Publishing

Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy

Michael Gordon
HKD 441.22
Animals and the Constitution: Towards Sentience-Based Constitutionalism
Oxford University Press

Animals and the Constitution: Towards Sentience-Based Constitutionalism

John Olusegun Adenitire; Raffael Fasel
HKD 1,261.00
On the Interpretation of Statutes
Legare Street Press

On the Interpretation of Statutes

Peter Benson Maxwell
HKD 504.74
Law, State and Religion in the New Europe: Debates and Dilemmas
Cambridge University Press

Law, State and Religion in the New Europe: Debates and Dilemmas

Lorenzo Zucca; Camil Ungureanu
HKD 504.40