Collective Action, Philosophy and Law

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. Cover Half Title Title Page Copyright Page Dedication Contents List of contributors Introduction PART I: The nature of law and legislative intention 1. Collectivity and law 2. Legislative intent, collective intentionality and fictionalism 3. Legal disagreement as disagreement about the collectively intended meaning 4. The two lives of law’s moral aim PART II: Practical reasoning and duties 5. The judicial community and team reasoning 6. “I thought we were on the same team!”: Collective duties and individual moral orientation 7. Directed duty, practical intimacy, and legal wronging PART III: Causality, blameworthiness and responsibility 8. Responsibility unincorporated: Group agents and corporate persons 9. Deviant causation and the law 10. Foreseeability, causation, and guilt PART IV: Citizens, states and institutions 11. Expressive theories of punishment: Who says what to whom? 12. There’s no I in team: Judicial review and community moral agents 13. One among many: Self-governance and alienation in mass action Index