1st Edition

Contemporary Perspectives on Legal Obligation

Edited By Stefano Bertea Copyright 2021
    202 Pages
    by Routledge

    202 Pages
    by Routledge

    Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation.

    The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today.

    With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.

    1. Contemporary Theories of Legal Obligation: A Tentative Critical Map

    Stefano Bertea

    2. Two Kinds of Normativity

    Jaap Hage

    3. Legal Obligation as Practical Necessity by Law

    Dietmar von der Pftorden

    4. Hans Kelsen as an Outlier: The Defence of a Radical Norm Theory

    Stanley L. Paulson

    5. Some Heretical Thoughts on Legal Normativity

    Brian H. Bix

    6. Normativity for Positivists

    Giorgio Pino

    7. Unstated Legal Obligations

    Dale Smith

    8. Legal Obligation and the Criminal Law

    R. A. Duff

    9. Could Legal Obligations Possibly be Moral Obligations?

    Ezequiel Monti

    10. Persuade or Obey: Crito and the Preconditions for Justice

    Margaret Martin

    11. Towards a Taxonomy of Normative Defeaters

    Josep Joan Moreso




    Stefano Bertea is Associate Professor of Law at the University of Leicester and DFG Research Fellow at the Goethe University of Frankfurt.