Autonomy and Law
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Beschreibung
This book defends the idea of autonomy as the balancing of normative arguments, which captures the essential feature of autonomous judgement as being simultaneously free and normatively bound. However, this approach runs counter to the dominant view of arguments as propositions, and to Kantian notions of autonomy. Here, it is applied to three core dimensions of law: law as legal system, as legal practice, and as normative judgement, leading to specific views of legal validity, legal interpretation, and the necessary content of law in the form of human rights principles. Lastly, the autonomous reasoning perspective is applied to conflicts of law with morality and with competing legal systems.
This book defends the idea of autonomy as the balancing of normative arguments, which captures the essential feature of autonomous judgement as being simultaneously free and normatively bound. However, this approach runs counter to the dominant view of arguments as propositions, and to Kantian notions of autonomy. Here, it is applied to three core dimensions of law: law as legal system, as legal practice, and as normative judgement, leading to specific views of legal validity, legal interpretation, and the necessary content of law in the form of human rights principles. Lastly, the autonomous reasoning perspective is applied to conflicts of law with morality and with competing legal systems.
Provides a coherent account of moral autonomy as self-legislation Offers an alternative to current accounts of normative argumentation Explains the normativity of law based on the idea of moral autonomy
Autor*in
Jan-R. Sieckmann
Themen in »Autonomy and Law«
autonomy argumentation balancing rationality principles human rights law and morality legal pluralism legal system participant legal positivism proportionality