Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-19T12:00:26.411Z Has data issue: false hasContentIssue false

7 - A Revisionary Kantian Conception

Published online by Cambridge University Press:  20 September 2019

Stefano Bertea
Affiliation:
University of Leicester
Get access

Summary

In Chapter 7, by building on the positions defended in my critiques of the social practice account, the interpretivist account, the conventionalist reason account, and the exclusionary reason account, I will put forward an entirely different conception of legal obligation. This conception, which is alternative to any other existing theory, I will call the ‘revisionary Kantian conception’ of legal obligation. The revisionary Kantian conception embodies both the features constitutive of the general concept of obligation simpliciter and the views on legal obligation theorized in contemporary legal philosophy, on which it seeks to improve. So, by combining the claims defended in the positive in defining a concept of obligation with the claims made in the negative in rebutting the main contemporary theories of legal obligation, one gets the materials out of which to construct an alternative theoretical account of legal obligation. The resulting theory of legal obligation I present as the revisionary Kantian conception can be summarized thus: legal obligation is a reason for carrying out certain courses of conduct, a reason engendered by the law and stating that such conduct is required as a matter of intersubjective considerations.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@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.

Available formats
×

Save book 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 Dropbox.

Available formats
×

Save book to Google Drive

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.

Available formats
×