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
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