Overview
- 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 of the notion of being under a duty qua member of a group
- Provides a novel account of institutions by employing tools developed in the field of group and social action
Part of the book series: Law and Philosophy Library (LAPS, volume 89)
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Table of contents (10 chapters)
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Front Matter
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Back Matter
Keywords
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.
Authors and Affiliations
Bibliographic Information
Book Title: Groups, Rules and Legal Practice
Authors: Rodrigo Eduardo Sánchez Brigido
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-90-481-8770-6
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Philosophy and Religion (R0)
Copyright Information: Springer Science+Business Media B.V. 2010
Hardcover ISBN: 978-90-481-8769-0Published: 21 April 2010
Softcover ISBN: 978-94-007-3200-1Published: 28 May 2012
eBook ISBN: 978-90-481-8770-6Published: 06 April 2010
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XXVI, 190
Topics: Philosophy of Law, Demography, Ethics, Theories of Law, Philosophy of Law, Legal History