Download Groups, Rules and Legal Practice by Rodrigo Eduardo Sánchez Brigido (auth.) PDF

By Rodrigo Eduardo Sánchez Brigido (auth.)

Ever considering the fact that Hart´s The proposal of Law, criminal philosophers agree that the perform of law-applying officers is a basic element of legislations. but there's a large war of words at the nature of this custom. Is it a traditional perform? Is it just like the perform that happens, extra usually, while there's a social rule in a bunch? Does it proportion the character of collective intentional motion? The e-book explores the most responses to those questions, and claims that they fail on major counts: present theories don't clarify officers´ ideals that they're lower than an obligation qua contributors of an establishment, and so they don't clarify officers´ war of words concerning the content material of those institutional tasks. in accordance with a specific idea of collective motion, the writer elaborates then an account of yes associations, and claims that the perform is an institutional perform of varieties. this is able to clarify officers´ ideals in institutional tasks, and officers´ war of words approximately these tasks. The e-book may be of curiosity to felony philosophers, but additionally to these interested by team and social motion theories and, extra in most cases, with the character of institutions.

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Extra resources for Groups, Rules and Legal Practice

Example text

And if they simply followed the relevant rule(s) each time there is an occasion to do so, without there being a standing disposition to do this, the Judiciary (and hence legal practice) would be distorted beyond recognition. The activity of this group is considered by (most of) its members as purporting to be valuable, primarily, in relation to individuals other than themselves and, more generally, in relation to the life of the community or society as a whole. If that were not so the Judiciary would not be the institution with which we are familiar.

They do not think that they have such a duty qua hunters, or qua warriors, etc. In principle it seems that there is an institution in S-ville, a group whose activity is that of providing advice in the way described. The fact that the main traits that I have considered are met supports that conclusion. But consider now a modification of the scenario. Suppose that the eldest men did not consider themselves as under any duty. They regularly provide advice in the way described, but they consider their doing this as something that is completely 20 You may object that the pre-analytic characterization mentioned above, when claiming that members think of the activity as purporting to be valuable in relation either to themselves or to non-members, and always to some aspect of the life of the community, ignores the case of activities that purport to be valuable simpliciter.

14 1 Three Tests Other-regarding institutions are not always like this. Some of them are such that, for them to be institutions at all, (most of) its members must recognize the activity, not only as purporting to be valuable in the sense described, but also as in effect being valuable in that sense. This is the case of the eldest men of S-ville considered above (in the original version of the example). They think of themselves as under a duty to provide advice in the way described because they believe that this promotes the interests of young S-villeans and, indirectly, of the community as a whole.

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