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Collective Action, Philosophy and Law

Edited by: Teresa Marques, Chiara Valentini

ISBN13: 9780367651022
Published: November 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9781032150833



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Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law.

The book contains thirteen original chapters written by an international team of leading philosophers and legal theorists, and is divided into four clear parts:

  • The nature of law and of legislative intention
  • Practical reasoning and duties
  • Causality, blameworthiness, and responsibility
  • Citizens, states, and institutions

These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively.

Collective Action, Philosophy and Law

Subjects:
Jurisprudence
Contents:
Introduction: Collective Action and the Law Teresa Marques and Chiara Valentini
Part 1: The Nature of Law and Legislative Intention
1. Collectivity and Law
Kevin Toh
2. Legislative Intent, Collective Intentionality and Fictionalism
Damiano Canale
3. Legal Disagreement as Disagreement About the Collectively Intended Meaning
Brian Flanagan
4. The Two Lives of Law’s Moral Aim
Dimitrios Kyritsis
Part 2: Practical Reasoning and Duties
5. Judicial Community and Team Reasoning
Natalie Gold
6. "I Thought we Were on the Same Team!": Collective duties and individual moral orientation
Caroline Arruda
7. Directed Duties, Practical Intimacy, and Legal Wronging
Abe Roth
Part 3: Causality, Blameworthiness and Responsibility
8. Responsibility Unincorporated: Group Agents and Corporate Persons
Sara Rachel Chant
9. Deviant Causation and the Law
Sara Bernstein
10. Forceability, Causation, and Guilt
Nicholas Almendares
Part 4: Citizens, States, and Institutions
11. Expressive Theories of Punishment
Bill Wringe
12. There’s no I in Team: Judicial Review and Community Moral Agents
Maggie O’Brien
13. One Among Many: Self-governance and Alienation in Mass Action
Carla Bagnoli.
Index