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Autonomy and Law

Autonomy and Law

Autonomy and Law

Author: Jan-R. Sieckmann
Publisher: Springer International
ISBN: 9783031965777
Published In: September 2025
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,462.00

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Description
Contents

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.

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

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