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Groups, Rules and Legal Practice

Part of the Law and Philosophy Library Book Series (volume 89)

DOI: 10.1007/978-90-481-8770-6

ISBN: 978-90-481-8769-0

Publisher: Springer Netherlands - Springer Journals

Feb 23, 2010

1 - 10 of 10 Chapters

Available

Three Tests

Sánchez Brigido, Rodrigo Eduardo

Pages: 1 –23

[The study attempts to explain the nature of the practice of norm-applying officials (for brevity’s sake, “legal practice”) in any relatively complex legal system. Since there are several theories that focus on that issue, and given that these theories claim that legal practice should be...
Available

Accounts Based on the Idea of a Social Rule (I): Hart’s Account and the Coordinative-Convention Approach

Sánchez Brigido, Rodrigo Eduardo

Pages: 25 –44

[H.L.A. Hart famously claimed that legal practice is conventional in character, and his insights were elaborated further by several authors using game-theory. This chapter explores whether this sort of account proposes a good explanation of conventional practices in general, whether it captures...
Available

Accounts Based on the Idea of a Social Rule (II): Raz’s Account

Sánchez Brigido, Rodrigo Eduardo

Pages: 45 –55

[The study explores then Raz’s account. This author claims that legal practice should be understood as the practice that obtains when there is a relatively complex social rule. It is argued that Raz’s account also fails. It does not capture the nature of social rules in general, for one crucial...
Available

Collective Intentional Activities: Shapiro’s Model

Sánchez Brigido, Rodrigo Eduardo

Pages: 57 –78

[Several theories, by focusing on relatively recent accounts of collective intentional activities, claim that legal practice is an instance of collective action. Shapiro’s proposal (which is based on Bratman’s account of collective action) is, perhaps, the more sophisticated one along those...
Available

Kutz on Collective Intentional Activities. Building an Alternative Model: Groups Which Act with No Normative Unity

Sánchez Brigido, Rodrigo Eduardo

Pages: 79 –89

[Since there are several reasons for thinking that the nature of legal practice could be explained by using a model of collective intentional action, this chapter focuses on a theory of collective activities proposed by Kutz. There are several difficulties with his model, nevertheless. In...
Available

The Activities of Groups with a Normative Unity of Type (I). Non-developed Instances of Legal Practice

Sánchez Brigido, Rodrigo Eduardo

Pages: 91 –109

[A model of the activities of groups with a normative unity of type (I) is proposed by expanding the simple model of the previous chapter. The main addition to the initial model is quite straightforward: participants believe that the collective activity is valuable in relation to others, and...
Available

Gilbert’s Account of Collective Activities

Sánchez Brigido, Rodrigo Eduardo

Pages: 111 –119

[A prominent account of this sort of group that appears in the literature is Margaret Gilbert’s. Her main idea is that participants are “jointly committed” to doing certain things, a joint commitment being an irreducible normative notion. The notion seems, nevertheless, uninformatively circular,...
Available

On Agreements

Sánchez Brigido, Rodrigo Eduardo

Pages: 121 –139

[Most theories of agreements assume that agreements are conditional promises, or exchanges of conditional promises, and attempt to explain what it is to agree and why agreements may be binding by explaining what it is to promise and why promising may be binding. They also attempt to solve another...
Available

The Activities of Groups with a Normative Unity of Type II. Other-Regarding, Developed Institutions. Developed Instances of the Judiciary

Sánchez Brigido, Rodrigo Eduardo

Pages: 141 –161

[A model of the activities of groups with a normative unity of type (II), which draws on the conclusions arrived at so far, is proposed in this chapter. It is argued that it captures most instances of institutional practices in general, and of legal practice in particular. The main idea is that,...
Available

Developed Instances of Legal Practice. Meeting the Tests

Sánchez Brigido, Rodrigo Eduardo

Pages: 163 –183

[It is argued that the models deployed so far capture any instance of legal practice. In particular, they explain participants’ beliefs to the effect that they are under a duty. And they can accommodate disagreement at a fundamental level. The test-case of an actual example of this kind of...

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