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A Theory of Legal Obligation Stefano Bertea (University of Leicester)

A Theory of Legal Obligation By Stefano Bertea (University of Leicester)

A Theory of Legal Obligation by Stefano Bertea (University of Leicester)


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Summary

This book puts forward an original and sustained argument concerning the relations between law and obligation. Highlighting the conceptual connections of law and obligation, Bertea establishes a theory of legal obligation that engages with and offers critiques of commonly-held understandings in contemporary jurisprudence.

A Theory of Legal Obligation Summary

A Theory of Legal Obligation by Stefano Bertea (University of Leicester)

The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.

About Stefano Bertea (University of Leicester)

Stefano Bertea is a Deutsche Forschungsgemeinschaft research fellow at the Goethe Universitat and an Associate Professor at the University of Leicester. Previously, he was a Marie Sklodowska-Curie research fellow at the University of Edinburgh and at the Johann Wolfgang Goethe-Universitat Frankfurt am Main, a visiting research fellow at the Am Max-Planck-Institut fur auslandisches oeffentliches Recht und Voelkerrecht, Germany, an Alexander von Humboldt research fellow at the Christian-Albrechts-Universitat zu Kiel, a senior research fellow at the Universiteit Antwerpen, a visiting professor at the Universita degli Studi di Verona and at the Universita degli Studi di Modena e Reggio Emilia, and a visiting researcher at the Universiteit van Amsterdam.

Table of Contents

Introduction; 1. The concept of obligation; 2. Contemporary approaches to legal obligations: a preliminary map; 3. The social-practice account; 4. The interpretivist account; 5. The conventionalist reason account; 6. The exclusionary reason account; 7. A revisionary Kantian conception; 8. Further dimensions of the revisionary Kantian conception; 9. The robust reason account; 10. The method of presuppositional interpretation; Conclusion.

Additional information

NLS9781108465878
9781108465878
1108465870
A Theory of Legal Obligation by Stefano Bertea (University of Leicester)
New
Paperback
Cambridge University Press
2021-05-20
378
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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