Contemporary Perspectives on Legal Obligation

Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation.

Auteur

Stefano Bertea is Associate Professor of Law at the University of Leicester and DFG Research Fellow at the Goethe University of Frankfurt.

Contenu

1. Contemporary Theories of Legal Obligation: A Tentative Critical Map

Stefano Bertea

2. Two Kinds of Normativity

Jaap Hage

3. Legal Obligation as Practical Necessity by Law

Dietmar von der Pftorden

4. Hans Kelsen as an Outlier: The Defence of a Radical Norm Theory

Stanley L. Paulson

5. Some Heretical Thoughts on Legal Normativity

Brian H. Bix

6. Normativity for Positivists

Giorgio Pino

7. Unstated Legal Obligations

Dale Smith

8. Legal Obligation and the Criminal Law

R. A. Duff

9. Could Legal Obligations Possibly be Moral Obligations?

Ezequiel Monti

10. Persuade or Obey: Crito and the Preconditions for Justice

Margaret Martin

11. Towards a Taxonomy of Normative Defeaters

Josep Joan Moreso