Groups, Rules and Legal Practice

  • Rodrigo Eduardo Sánchez Brigido

Part of the Law and Philosophy Library book series (LAPS, volume 89)

Table of contents

  1. Front Matter
    Pages i-xxv
  2. Rodrigo Eduardo Sánchez Brigido
    Pages 1-23
  3. Rodrigo Eduardo Sánchez Brigido
    Pages 45-55
  4. Rodrigo Eduardo Sánchez Brigido
    Pages 57-78
  5. Rodrigo Eduardo Sánchez Brigido
    Pages 111-119
  6. Rodrigo Eduardo Sánchez Brigido
    Pages 121-139
  7. Rodrigo Eduardo Sánchez Brigido
    Pages 163-183
  8. Back Matter
    Pages 185-190

About this book

Introduction

Ever since Hart´s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials´ beliefs that they are under a duty qua members of an institution, and they do not explain officials´ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials´ beliefs in institutional duties, and officials´ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.

Keywords

Altern Collective Action Collective Intentional Collective Intentional Action Disagreement Fundamental Aspect of Law Group and Social Action H.L.A. Hart Institutional Duties Institutions Legal Practice R. Dworkin Social Rule The Concept of La

Authors and affiliations

  • Rodrigo Eduardo Sánchez Brigido
    • 1
  1. 1.CordobaArgentina

Bibliographic information

  • DOI https://doi.org/10.1007/978-90-481-8770-6
  • Copyright Information Springer Science+Business Media B.V. 2010
  • Publisher Name Springer, Dordrecht
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-90-481-8769-0
  • Online ISBN 978-90-481-8770-6
  • Series Print ISSN 1572-4395
  • About this book