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Collective Action, Philosophy and Law



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ISBN 9780367651022
November 30, 2021 Forthcoming by Routledge
344 Pages 2 B/W Illustrations

 
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Book Description

Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law.

The book contains thirteen original chapters written by an international team of leading philosophers and legal theorists, and is divided into four clear parts:

  • The nature of law and of legislative intention
  • Practical reasoning and duties
  • Causality, blameworthiness, and responsibility
  • Citizens, states, and institutions.

These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively.

Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence, and legal theory.

Table of Contents

Introduction: Collective Action and the Law Teresa Marques and Chiara Valentini

Part 1: The Nature of Law and Legislative Intention

1. Collectivity and Law Kevin Toh

2. Legislative Intent, Collective Intentionality and Fictionalism Damiano Canale

3. Legal Disagreement as Disagreement About the Collectively Intended Meaning Brian Flanagan

4. The Two Lives of Law’s Moral Aim Dimitrios Kyritsis

Part 2: Practical Reasoning and Duties

5. Judicial Community and Team Reasoning Natalie Gold

6. "I Thought we Were on the Same Team!": Collective duties and individual moral orientation Caroline Arruda

7. Directed Duties, Practical Intimacy, and Legal Wronging  Abe Roth

Part 3: Causality, Blameworthiness and Responsibility

8. Responsibility Unincorporated: Group Agents and Corporate Persons Sara Rachel Chant

9. Deviant Causation and the Law Sara Bernstein

10. Forceability, Causation, and Guilt  Nicholas Almendares

Part 4: Citizens, States, and Institutions

11. Expressive Theories of Punishment Bill Wringe

12. There’s no I in Team: Judicial Review and Community Moral Agents Maggie O’Brien

13. One Among Many: Self-governance and Alienation in Mass Action Carla Bagnoli.

Index

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Editor(s)

Biography

Teresa Marques is Profesora Agregada (Associate Professor) in the Philosophy Department at the University of Barcelona, Spain. She is also a member of the LOGOS Group and of the Barcelona Institute of Analytic Philosophy. With Åsa Wikforss she is editor of Shifting Concepts: The Philosophy and Psychology of Conceptual Variability (2020). She has published in journals like Philosophical Studies, The Australasian Journal of Philosophy, Synthese, Erkenntnis, Inquiry, Thought, Ratio, Philosophia, and Metaphilosophy.

Chiara Valentini is senior researcher and lecturer in philosophy of law at the University of Bologna Law Department, Italy. With Bongiovanni, Postema, Rotolo, Sartor and Walton she is editor of the Handbook of Legal Reasoning and Argumentation (2018). Her work has been published in journals like Law and Philosophy, The American Journal of Jurisprudence, Ratio Juris, and Jurisprudence.