Book contents
- A Theory of Legal Obligation
- A Theory of Legal Obligation
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- 1 The Concept of Obligation
- 2 Contemporary Approaches to Legal Obligation
- 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
- Index
1 - The Concept of Obligation
Published online by Cambridge University Press: 20 September 2019
- A Theory of Legal Obligation
- A Theory of Legal Obligation
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- 1 The Concept of Obligation
- 2 Contemporary Approaches to Legal Obligation
- 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
- Index
Summary
Chapter 1 sets the stage for my substantive inquiry into the obligatory dimension of the law by asserting that a conceptualization of obligation in general is the preliminary step for constructing a comprehensive theory of the kind of obligation engendered by the law. In a nutshell, the overall strategy I will follow in working towards the objective just set out – putting forward an account of legal obligation – consists in, first, (i) introducing a concept of obligation in wide currency today, and then (ii) critically considering a number of different theoretical accounts of legal obligation that have so far been defended in jurisprudence. Accordingly, Chapter 1 seeks to establish the fundamental characteristics of obligation understood as a conceptual construct with its own distinctive defining traits. In that context, I will defend the view that obligation is best conceived as a practically normative requirement that makes a noticeable and yet resistible claim on us, who in turn are bound to, and accountable for, conforming to it, since acting otherwise would be prima facie wrong.
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- Information
- A Theory of Legal Obligation , pp. 13 - 42Publisher: Cambridge University PressPrint publication year: 2019