David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Kluwer Law International (2002)
The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to be moved by considerations of fidelity and fairness, not only of prudence.This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism.
|Keywords||Law Philosophy Obedience (Law Legal positivism Law and ethics|
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|Buy the book||$197.43 new (27% off) $199.94 used (26% off) $269.00 direct from Amazon Amazon page|
|Call number||K230.H366.A36 2002|
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Citations of this work BETA
Christian Dahlman (2011). When Conventionalism Goes Too Far. Ratio Juris 24 (3):335-346.
Boudewijn De Bruin (2005). Game Theory in Philosophy. Topoi 24 (2):197-208.
Peter Rijpkema (2011). The Inevitability of Moral Evaluation. Ratio Juris 24 (4):413-434.
Govert den Hartogh (2012). The Role of the Relatives in Opt-in Systems of Postmortal Organ Procurement. Medicine, Health Care and Philosophy 15 (2):195-205.
Dorota Mokrosinska (2013). Communal Ties and Political Obligations. Ratio Juris 26 (2):187-214.
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