Groups, Rules and Legal Practice

• Main Author: Sánchez Brigido, Rodrigo Eduardo (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Dordrecht : Springer Netherlands, 2010.
• Series: Law and Philosophy Library, 89
• Subjects: Philosophy.; Ethics.; Political science.; Law > Philosophy.; Law.; Demography.; Philosophy of Law.; Theories of Law, Philosophy of Law, Legal History.

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 th...

Table of Contents:

• Three Tests
• Accounts Based on the Idea of a Social Rule (I): Hart’s Account and the Coordinative-Convention Approach
• Accounts Based on the Idea of a Social Rule (II): Raz’s Account
• Collective Intentional Activities: Shapiro’s Model
• Kutz on Collective Intentional Activities. Building an Alternative Model: Groups Which Act with No Normative Unity
• The Activities of Groups with a Normative Unity of Type (I). Non-developed Instances of Legal Practice
• Gilbert’s Account of Collective Activities
• On Agreements
• The Activities of Groups with a Normative Unity of Type II. Other-Regarding, Developed Institutions. Developed Instances of the Judiciary
• Developed Instances of Legal Practice. Meeting the Tests.