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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct

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Legal Rights (Electronic book text)
Legal Rights (Electronic book text): Pavlos Eleftheriadis
Legal Rights (Electronic book text): Pavlos Eleftheriadis

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Legal Rights (Electronic book text)

Pavlos Eleftheriadis

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How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official act suitablycommunicated. But how can any such legal enactment recreate the proper force of rights? Rights take their meaning and importance from moral reflection, which only expresses itself in practical reasoning. This puzzle about rights invites a reconsideration of the nature and methods of legal doctrine and ofjurisprudence itself. Legal Rights argues that the theory of law and legal concepts is a project of moral and political philosophy, the best account of which is to be found in the social contract tradition. It outlines an argument according to which legal rights can be justified before equal citizens under the constraints of public reason. The place of rights in law is explained by the unique position of law as an essential component of the civil condition and a necessary condition forfreedom.

General

Imprint: Oxford University Press Inc, USA
Country of origin: United States
Release date: September 2008
Authors: Pavlos Eleftheriadis
Format: Electronic book text
Pages: 201
ISBN-13: 978-6613893574
Barcode: 9786613893574
Categories: Promotions
Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
Books > Philosophy > Topics in philosophy > Social & political philosophy
LSN: 6613893579

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