Abstract: Chapter 1 sets the stage for my substantive inquiry into the obligatory dimension of the law by asserting that a conceptualization of obligation in general is the preliminary step for constructing a comprehensive theory of the kind of obligation engendered by the law. In a nutshell, the overall strategy I will follow in working towards the objective just set out – putting forward an account of legal obligation – consists in, first, (i) introducing a concept of obligation in wide currency today, and then (ii) critically considering a number of different theoretical accounts of legal obligation that have so far been defended in jurisprudence. Accordingly, Chapter 1 seeks to establish the fundamental characteristics of obligation understood as a conceptual construct with its own distinctive defining traits. In that context, I will defend the view that obligation is best conceived as a practically normative requirement that makes a noticeable and yet resistible claim on us, who in turn are bound to, and accountable for, conforming to it, since acting otherwise would be prima facie wrong.
Publication Year: 2019
Publication Date: 2019-09-30
Language: en
Type: book-chapter
Indexed In: ['crossref']
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