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About this product
- DescriptionThis book offers a 'genealogical' explanation of law's rmativity. The term 'genealogical' conveys a commitment to a n-metaphysical type of enquiry. While it explains how law, as a rmative phemen, comes about, it does t seek to ground law's rmativity in anything but the context of social interaction giving rise to it. Legal rmativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of rmative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices t only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.
- Author BiographySylvie Delacroix is a Lecturer in Law at University College London.
- Author(s)Sylvie Delacroix
- PublisherBloomsbury Publishing PLC
- Date of Publication05/10/2006
- SubjectLaw: General & Reference
- Series TitleLegal Theory Today
- Series Part/Volume Number9
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- First Published2004
- ImprintHart Publishing
- Content Noteblack & white illustrations
- Weight470 g
- Width156 mm
- Height234 mm
- Spine19 mm
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