THE LOGIC OF AUTONOMY LAW MORALITY AND AUTONOMOUS REASONING
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- Author: JAN R SIECK MANN
- ISBN: 9781849463461
- Availability: In Stock
Buy THE LOGIC OF AUTONOMY LAW MORALITY AND AUTONOMOUS REASONING | Law Books , FOREIGN BOOKS
Autonomy is the central idea of modern practical philosophy.
Understood as self-legislation, autonomy seems to require that the validity of
norms depends on recognition, namely, that their addressees, being autonomous
agents, recognise these norms to be valid. But how can one be bound by norms
whose validity depends on their being recognised as valid by their addressees?
The questions of how autonomous morality and, on this basis, the authoritative
character of law can be understood, present persistent puzzles that have been
widely discussed, but still await a satisfactory solution. This book presents
an analysis of the idea of autonomy as self-legislation and its consequences
for law and morality. It links the idea of autonomy with the idea of the
balancing of normative arguments, develops a notion of normative arguments as distinct
from normative judgements and statements and explains claims to correctness and
objectivity that are found in normative discourse. Thus, a 'logic of autonomy'
emerges, and it is pervasive in normative reasoning. It connects theses
regarding the logic of norms, the structure of balancing, human and fundamental
rights, legal validity, legal interpretation, and the relations among legal
systems, offering a theory of central elements of normative argumentation, a
theory that is undergirded by the mutual relations that exist between and among
its parts as well as through the relations that it bears to other theories.
Moreover, it offers an alternative to Kantian notions of autonomy and provides
solutions to problems that other theories have failed to master.