Published online by Cambridge University Press: 20 September 2019
Chapter 4 will be devoted to a systematic discussion of the interpretivist claims about legal obligation. After introducing the basic elements of the interpretivist account of law and legal obligation, I pass to critically assess whether interpretivism has the conceptual resources necessary to make full sense of legal obligation as a distinctive notion. In this context, I will focus on what I take to be the fundamental problem besetting the interpretivist theory of legal obligation. This problem can be summarized as follows. The account defended by interpretivism presents legal obligations as duties fundamentally determined by the political morality underpinning a given institutional practice. This claim establishes no conceptual connection between what is legally obligatory and what is required by critical morality understood as a scheme of normative standards warranted by practical rationality. The problem with this statement is that, on the interpretivist account, the fundamental principles of rational morality are not necessarily regarded as components of legal obligation. And insofar as that is the case, the interpretivist account allows for the possibility that legal obligations diverge from obligations grounded in practical rationality, while at the same time qualifying them as genuine obligations
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.