This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.
This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.
Noam Gur is a lecturer in law at Queen Mary University of London. He specializes in jurisprudence and legal theory, and has further research interests in political theory and in tort law. He previously held a post-doctoral position at the University of Oxford, where he also earned his doctorate and master's degrees in law. He obtained his first degree in law from the Hebrew University of Jerusalem, after which he clerked at the Supreme Court of Israel and worked as a lawyer in a private firm.
Inhaltsangabe
1: Introduction Part I: A Case Against The Pre-emption Thesis 2: The Challenge and Possible Replies 3: Lack of Authority 4: Scope of Exclusion Part II: A Critical Examination of the Weighing Model 5: The Phenomenological Argument 6: The Functional Argument Part III: The Dispositional Model 7: The Dispositional Model Expounded 8: The Dispositional Model Advocated 9: The Dispositional Model: Further Theoretical Issues
1: Introduction Part I: A Case Against The Pre-emption Thesis 2: The Challenge and Possible Replies 3: Lack of Authority 4: Scope of Exclusion Part II: A Critical Examination of the Weighing Model 5: The Phenomenological Argument 6: The Functional Argument Part III: The Dispositional Model 7: The Dispositional Model Expounded 8: The Dispositional Model Advocated 9: The Dispositional Model: Further Theoretical Issues
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