Law, Obligation, Community

Author: Daniel Matthews; Scott Veitch
Publisher: Routledge
ISBN: 9781138300408
Published In: July 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship.

In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations.

Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

List of Contributors

Introduction

Daniel Matthews and Scott Veitch

Part I The Priority of Obligations

Dogma, or the deep rootedness of Obligation

Emilios Christodoulidis

Why should I listen to my conscience? Equity and the question of ontological obligation

Matt Stone

The Origin of Obligations: Towards a Fundamental Phenomenology of Legal and Moral Obligation

Johan van der Walt

Part II Instituting Obligations

On the Company’s Bounded Sense of Social Obligation