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Why the Law Matters to You

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The aim of the series is to publish high-quality studies in English or German that deal with topics in practical philosophy from a broadly analytic perspective. These include questions in meta-ethi...
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  • 19 August 2013
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This book presents an answer to the question of why modern legal institutions and the idea of citizenship are important for leading a free life. The majority of views in political and legal philosophy regard the law merely as a useful instrument, employed to render our lives more secure and to enable us to engage in cooperate activities more efficiently. The view developed here defends a non-instrumentalist alternative of why the law matters. It identifies the law as a constitutive feature of our identities as citizens of modern states. The constitutivist argument rests on the (Kantian) assumption that a person’s practical identity (its normative self-conception as an agent) is the result of its actions. The law co-constitutes these identities because it maintains the external conditions that are necessary for the actions performed under its authority. Modern legal institutions provide these external prerequisites for achieving a high degree of individual self-constitution and freedom. Only public principles can establish our status as individuals who pursue their life plans and actions as a matter of right and not because others contingently happen to let us do so. The book thereby provides resources for a reply to anarchist challenges to the necessity of legal ordering.

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Price: $270.00
Pages: 275
Publisher: De Gruyter
Imprint: De Gruyter
Publication Date: 19 August 2013
ISBN: 9783110323955
Format: Hardcover
BISACs: PHI000000 PHILOSOPHY / General, PHI005000 PHILOSOPHY / Ethics & Moral Philosophy, PHI007000 PHILOSOPHY / Free Will & Determinism, PHI008000 PHILOSOPHY / Good & Evil, PHI030000 PHILOSOPHY / Movements / Utilitarianism
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Christoph Hanisch, University of Vienna, Austria.