Groups, Rules and Legal Practice

By:

Rodrigo Eduardo Sanchez Brigido

Format:

Paperback / softback

Series:

Law and Philosophy Library

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Description

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.

Release date Australia

May 28th, 2012

Author

Rodrigo Eduardo Sanchez Brigido

Audiences

Postgraduate, Research & Scholarly
Professional & Vocational

Illustrations

XXVI, 190 p.

Pages

190

Series

Law and Philosophy Library

Dimensions

156x234x11

ISBN-13

9789400732001

Product ID

20529708

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