The Theory of Obligations

Description

he focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct. Contents Introduction -- The Concept of Obligation -- Contemporary Approaches to Legal Obligations : A Preliminary Map -- The Social-Practice Account -- The Interpretivist Account -- The Conventionalist Reason Account -- The Exclusionary Reason Account -- A Revisionary Kantian Conception -- Further Dimensions of the Revisionary Kantian Conception -- The Robust Reason Account -- The Method of Presuppositional Interpretation -- Conclusion. Publisher Cambridge : Cambridge University Press