Title
From Metaphysics to Transcendentalism: the concept of 'ought' in legal theory,Used
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The foundation stone for any theory of law is a concept of 'ought'. This concept is at present under theorised, and where it is considered, it is largely assumed that an ought is generated out of an act of will on the part of the rule maker. A study of existing theories, and in particular positivism, shows that despite attempts to distance the concept of rule from volition, the theoretical edifice of rules is nonetheless premised on intention and the will. This study then sets out to deconstruct the theoretical view that grants volition a role in the creation of meaning in general, and normativity more specifically, drawing heavily on Derrida's works. It then argues that efforts at reconstruction must start from an ontological basis, in particular from a study of the characteristics of the self when a person is subject to a rule. Adopting a transcendental approach inspired by Kant and Heidegger, the book concludes with a series of claims about what necessary characteristics the self must display, and what necessary characteristics the social environment must be regarded as having, in order for rule creation, understanding and obedience to be possible at all.
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We ship your order within 2–3 business days for USA deliveries and 5–8 business days for international shipments. Once your package has been dispatched from our warehouse, you'll receive an email confirmation with a tracking number, allowing you to track the status of your delivery.
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Warranty
We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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