NEW ESSAYS ON THE NORMATIVITY OF LAW.
An important part of the legal
domain has to do with rule-governed conduct, and is expressed by the use of
notions such as norm, obligation, duty, and right. These require us to
acknowledge the normative dimension of law. Normativity is, accordingly, to be
regarded as a central feature of law lying at the heart of any comprehensive
legal-theoretical project.
The essays collected in this book are meant to further our
understanding of the normativity of law. More specifically, the book stages a
thorough discussion of legal normativity as approached from three strands of
legal thought that are particularly influential and which play a key role in
shaping debates on the normative dimension of law: the theory of planning agency,
legal conventionalism and the constitutivist approach. While the essays
presented here do not aspire to give an exhaustive picture of these debates - an
aspiration that would be, by its very nature, unrealistic - they do provide the
reader with some authoritative statements of some widely discussed families of
views of legal normativity.
In pursuing this objective, these essays also encourage a
dialogue between different traditions of study of legal normativity, stimulating
those who would not otherwise look outside their tradition of thought to engage
with new ideas and, ultimately, to arrive at a more comprehensive account of the
normativity of law.