Contemporary Perspectives on Legal Obligation

Author: Stefano Bertea
Publisher: Routledge
ISBN: 9780367261986
Published In: July 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy and jurisprudence.

Introduction: Stefano Bertea, Contemporary Theories of Legal Obligation: A Tentative Critical Map

Jaap Hage, Two Kinds of Normativity

Dietmar von der Pftorden, Legal Obligation as Mental Necessity for Action

Stanley Paulson, Hans Kelsen as an Outlier: The Defence of a Radical Norm Theory

Brian H. Bix, me Heretical Thoughts on Legal Normativity

Giorgio Pino, A Positivist Concept of Legal Obligation

Dale Smith, Unstated Legal Obligations

R A Duff, Legal Obligation and the Criminal Law

Ezequiel Monti, On the Moral Impact Theory of Legal Obligations

Margaret Martin, Persuade or Obey: Crito and the Preconditions for Justice

Patricia Mindus, On Legal Obligation in Contemporary Democracy Studies

Jose Juan Moreso, Legal Obligations and Defeater;