Full Description
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.
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.
