Law and Philosophy Library

Groups, Rules and Legal Practice

Authors: Sánchez Brigido, Rodrigo Eduardo

  • Provides an exhaustive analysis and criticism of the main theories of the practice of law-applying officials
  • Proposes an elaborate model of collective action and the notion of being under a duty qua member of a group
  • Presents a novel account of institutions by employing tools developed in the field of group and social action
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eBook $159.00
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  • ISBN 978-90-481-8770-6
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  • Immediate eBook download after purchase
Hardcover $209.00
price for USA
  • ISBN 978-90-481-8769-0
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  • Usually dispatched within 3 to 5 business days.
Softcover $209.00
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  • ISBN 978-94-007-3200-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

Ever since Hart´s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials´ beliefs that they are under a duty qua members of an institution, and they do not explain officials´ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials´ beliefs in institutional duties, and officials´ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.

Table of contents (10 chapters)

  • Three Tests

    Sánchez Brigido, Rodrigo Eduardo

    Pages 1-23

  • Accounts Based on the Idea of a Social Rule (I): Hart’s Account and the Coordinative-Convention Approach

    Sánchez Brigido, Rodrigo Eduardo

    Pages 25-44

  • Accounts Based on the Idea of a Social Rule (II): Raz’s Account

    Sánchez Brigido, Rodrigo Eduardo

    Pages 45-55

  • Collective Intentional Activities: Shapiro’s Model

    Sánchez Brigido, Rodrigo Eduardo

    Pages 57-78

  • Kutz on Collective Intentional Activities. Building an Alternative Model: Groups Which Act with No Normative Unity

    Sánchez Brigido, Rodrigo Eduardo

    Pages 79-89

Buy this book

eBook $159.00
price for USA (gross)
  • ISBN 978-90-481-8770-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $209.00
price for USA
  • ISBN 978-90-481-8769-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $209.00
price for USA
  • ISBN 978-94-007-3200-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Groups, Rules and Legal Practice
Authors
Series Title
Law and Philosophy Library
Series Volume
89
Copyright
2010
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-90-481-8770-6
DOI
10.1007/978-90-481-8770-6
Hardcover ISBN
978-90-481-8769-0
Softcover ISBN
978-94-007-3200-1
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XXVI, 190
Topics