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Phenomenology of law and normativity

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	Phenomenology of law and normativity/ edited by Panos Theodorou, Pedro Manuel Santos Alves, Anna Irene Baka.
其他作者:	Theodorou, Panos.
出版者:	Cham :Springer International Publishing : : 2024.,
面頁冊數:	viii, 290 p. :ill., digital ; : 24 cm.;
Contained By:	Springer Nature eBook
標題:	Phenomenology. -
電子資源:	https://doi.org/10.1007/978-3-031-68705-1
ISBN:	9783031687051

Phenomenology of law and normativity
Phenomenology of law and normativity[electronic resource] /edited by Panos Theodorou, Pedro Manuel Santos Alves, Anna Irene Baka. - Cham :Springer International Publishing :2024. - viii, 290 p. :ill., digital ;24 cm. - Contributions to phenomenology, in cooperation with the center for advanced research in phenomenology,v. 1332215-1915 ;. - Contributions to phenomenology, in cooperation with the center for advanced research in phenomenology ;v.75..

Normativity An Overview of the Field and the Contributions of this Book -- Part I Phenomenology of Normativity The Ductive The Deontic and the Normative -- Ductive Force and Ductive Power For a Phenomenological Theory of Norms -- The Norm as Deontic State of Affairs and as Deontic Noema -- Phenomenological Grounding of Positive Law in its Normativity Demystification and Critical Appraisal of Reinach's Project -- Part II Phenomenology of Legally and Ethically Relevant Social Acts Structure Efficacy and Kinds -- Eidetics of social acts vs eidetics of acts of meaning different wholes parts connections and qualitative degrees of existence -- Efficacy without Fulfillment An Essay on the Phenomenology of Nomotropism -- Apologies as Social Acts A Phenomenological Inquiry -- Part III Constitution of Social and Legal Realities Restrictions Classification and Status -- Three Types of Praxeological Constraints on Nomothetic Power -- Social and Legal Entities as Phenomena An Inquiry about the Method of Addressing Boundaries between Social Ontology and Ontology of Law -- On the Supposed Neither Physical Nor Psychical Nature of Rights and Obligations A Legal-Sociological Approach -- Part IV Foundations of the Socioeconomical and the Legal Revisiting, Reconsidering and Reassessing -- The Jurist as a Phenomenologist Revisiting the Foundations of Law and Rights -- Alfred Schütz and the Austrian Schools of Jurisprudence and Economics -- L'au delà du Sollen between Levinas and Kelsen Ethics as Metaphysics and the Limit of Law as Primary Ontology.

Against the widespread, mainstream take on the philosophy of law, this collected volume fills an important scholarly gap by introducing a phenomenological account of some of the major questions and themes of jurisprudence such as rights and norms. This volume argues that wherever there is a demand for grounding normativity, the phenomenological method can provide a priori-albeit corrigible-access to essential truths, with reference to beings and their social relationships. The present work reflects upon the place and potential impact on the theory of law and normativity stemming from the phenomenology of Edmund Husserl-largely overlooked by legal philosophers and legal theorists. Further coverage contains those who have built upon these ideas of Husserl such as Martin Heidegger, Alfred Schutz, Edith Stein, Emmanuel Levinas, and Adolf Reinach. This text addresses new issues and questions from the general perspective of the phenomenology of law. It is a response to those critical of phenomenology by presenting sober arguments in support of its potential for achieving a deeper grasp of legal normative concepts such as rights, claims, obligations, promises, and apologies. Boundaries between law and morality as well as legal and social ontologies are approached from a phenomenological perspective. It appeals to students, researchers, and professionals working in phenomenology, ethics, legal philosophy, and human rights theory and practice.

ISBN: 9783031687051

Standard No.: 10.1007/978-3-031-68705-1doiSubjects--Topical Terms:

555526
Phenomenology.

LC Class. No.: B829.5

Dewey Class. No.: 142.7

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