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Law, Shared Activities, and Obligation

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journal contribution
posted on 03.02.2015, 12:31 by Stefano Bertea
[From Introduction] The contemporary debate in analytical legal philosophy is shaped by two truisms about law which jurisprudents have not yet managed to coherently work into a comprehensive theoretical framework. On the one hand, it seems to be a plain truth that the existence of law is essentially a matter of social facts, as is attested by the existence of legal systems that are recognized to function as such and yet have little or no moral worth and may even strike most people (including their addressees) as morally repugnant. On the other hand, only a handful of legal theorists are prepared to give up the claim that law presumptively provides its addressees with practical guidance and justification, thereby taking a normative stance by proffering distinctive reasons for action, while conferring rights and imposing obligations. Accommodating these two truisms about law is far from a straightforward exercise.

History

Citation

Canadian Journal of Law and Jurisprudence, 2014, pp. 357-381 (25)

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

AM (Accepted Manuscript)

Published in

Canadian Journal of Law and Jurisprudence

Publisher

Cambridge University Press (CUP)

issn

0841-8209

eissn

2056-4260

Copyright date

2014

Available date

03/02/2015

Publisher version

http://heinonline.org/HOL/Page?handle=hein.journals/caljp27&div=24&g_sent=1&collection=journals

Language

en

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