Law and Life in Common

Hardcover | April 10, 2015

byTimothy Macklem

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We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and in theoretical accounts of it, proceedsas if its rational pull was conclusive, as if there were no sensible alternative to compliance with its terms. In itself that should not be surprising: each of us often acts as if the reasons that animate us were morally determinative. Why should law operate in any other way? Yet we know that infact reasons are usually not determinative of action, and while pretence to the contrary may not much matter in individual settings, it matters very much in the setting of the law. The ability of the law to build a life in common, of whatever kind, is dependent on its ability to function, most of the time at least, as if its claims were pre-eminent, rather than undefeated at best. If law is to succeed in its basic project of binding people to its aims, it must buttress itslimited rational claims with arational appeals. It needs partners, not only in the prudential considerations that force gives rise to, but also in the beguilement that shared imaginings make possible. This book is an exploration of those partnerships, in principle and in their most importantdetails.

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We live in a moral world in which reasons come in different kinds as well as different weights, so that the claims of one reason upon us are often different from but no greater than the claims of some other reason. Yet law, in its self-presentation and in theoretical accounts of it, proceedsas if its rational pull was conclusive, as if...

Timothy Macklem is Professor of Jurisprudence at King's College London, Dean Emeritus of the Law School there, and Honorary Bencher, Inner Temple. He is the author of Independence of Mind (OUP, 2006) and Beyond Comparison: Sex and Discrimination (CUP, 2003). He is currently working on questions of equality and of consent.

other books by Timothy Macklem

Independence of Mind
Independence of Mind

Paperback|Apr 16 2008

$47.50

Format:HardcoverDimensions:240 pages, 9.21 × 6.14 × 0.71 inPublished:April 10, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198735812

ISBN - 13:9780198735816

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Table of Contents

1. The Problem of Law2. Decision, For One and For the Many3. The Exaltation of the Will4. The Genius of the Place5. The Service Law May Offer to Life in Common6. Appreciating the Limits of the Service Conception of Authority7. Ideas of Easy Virtue: Descriptions and Evaluation8. Law and Life in Common