Coercion and the Nature of Law 1st Edition by Kenneth Einar Himma – Ebook PDF Instant Download/Delivery: 0192597175, 9780192597175
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Product details:
ISBN 10: 0192597175
ISBN 13: 9780192597175
Author: Kenneth Einar Himma
Coercion and the Nature of Law 1st Table of contents:
1 The Coercion Thesis
1. Ambiguities of the Concept-Term Law
2. The Coercion Thesis
3. The Coercion Thesis and Morality
4. The Coercion Thesis and the Motivations of Subjects
5. Outline of the Arguments
2 Methodology and the Nature of Law
1. Explicating the Metaphysical Nature of a Thing: Three Types of Modal Claim
2. Conceptual Analysis as a Descriptive Enterprise
3. The Distinguishing Task of Conceptual Analysis
4. Modest and Immodest Conceptual Analysis
5. The Relevant Philosophical Assumptions Are Ours
6. Modest Conceptual Analysis and Objective Truth
7. The Logical Structure of a Modest Conceptual Analysis
3 A Prima Facie Case for the Coercion Thesis: Sanctions as a Paradigmatic Feature of Municipal Law
1. The Meaning of the Term Law as Defined by the Canons of Ordinary Usage
2. Types of Coercive Sanction in Modern Municipal Law
3. The Ubiquity and Centrality of Coercive Sanctions in Existing Municipal Legal Systems
4. Sanctions as a Paradigmatic Feature of Law: A Prima Facie Case for the Coercion Thesis
4 What Law Must Be Able to Do: The Coercion Thesis and the Need to Keep the Peace
1. The Concept of an Artifact
2. Characteristic Uses, Basic Purposes, and Conceptual Functions of Artifacts
3. The Problem an Artifact Is Needed to Solve as Defining Its Conceptual Function
4. Something Must Be Reasonably Contrived to Perform the Conceptual Function of an Artifact to Be Properly Characterized as an Artifact of That Kind
5. The Conceptual Function of a Legal System
6. Keeping the Peace and Authorized Coercion
5 Three Conceptual Problems of Legal Normativity: The Logical Space of Reasons
1. The Concept of Normativity
2. The Logical Space of Reasons
3. The Character of the Reasons to Which the Practices Constitutive of Law Are Reasonably Contrived to Give Rise
4. Three Conceptual Problems of Legal Normativity
6 The Coercion Thesis and the How Problem of Legal Normativity
1. Vindicating the Coercion Thesis (1): Authorized Coercive Sanctions Solve the How Problem of Legal Normativity
2. Vindicating the Coercion Thesis (2): There Is No Other Plausible Explanation for Law’s Conceptual Normativity
3. Are Objective Motivating Prudential Reasons the Wrong Kind of Reason to Solve the How Problem of Legal Normativity?
4. Does It Matter that It Is Not the Valid Norms Governing the Subject’s Behavior That Provide the Objective Motivating Reason to Comply?
5. Coercive Sanctions and the How Problem of Legal Normativity
7 The Coercion Thesis and the Order Problem of Legal Normativity
1. First-Order, Second-Order, and Exclusionary Reasons
2. Sanctions, Exclusionary Reasons, and the Problems of Legal Normativity
3. The Basic Sources of Objective Motivating Reasons for Action
4. Only the Coercion Thesis Can Explain How Mandatory Legal Norms Governing Non-Official Behavior Give Rise to Objective Motivating Exclusionary Reasons
5. Can the Coercion Thesis Explain How Law Creates Objective Exclusionary Motivating Reasons?
6. The Claim That Law Provides Objective Exclusionary Motivating Reasons to Comply Explains Nothing That Needs to Be Explained
8 The Coercion Thesis and the Content Problem of Legal Normativity
1. Intrinsic and Instrumental Motivating Reasons
2. Order and Value: The Relationships Among the Various Kinds of Reason
3. Morality, Conventions, and Intrinsic Motivating Reasons to Comply
4. Law as a Source of Subjective Intrinsic Motivating Reasons to Comply
5. Law as a Source of Objective Intrinsic Motivating Reasons to Comply
6. The Capacity to Give Rise to Objective Intrinsic Motivating Reasons Explains Nothing That Needs to Be Explained about Law
7. The Coercion Thesis and the Problems of Legal Normativity
9 Coercive Sanctions and International Law
1. Ordinary Usages of the Term International Law
2. The System of International Regulation Defined by the U.N. Charter
3. Enforcement Mechanisms Authorized by the U.N. Charter
4. Objections and Replies
5. Conclusion: The Normative System Defined by the U.N. Charter Is Not a Counterexample to the Coercion Thesis
10 Can There Be Law in a Society of Angels?
1. Law and Real Angels
2. Law and Razian Angels
3. The Society of Angels and the Canons of Ordinary Usage
4. The Society of Angels and the Conceptual Function of Law
5. The Society of Angels and the How Problem of Legal Normativity
6. The Society of Angels and the Content Problem of Legal Normativity
7. Evaluating the Normative Commitments of the Angels
8. Revisiting Existing Legal Systems
9. Conclusions
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