Cambridge Legal Theory Discussion Group (CLTDG): 'Public Legitimation'

Speaker: Alma Diamond (University of Chicago)

Abstract: I use Hart’s treatment of social rule-following as a jumping-off point to consider a particular kind of normative social practice: one involving the recognition of social obligations (rather than mere standards or guides for behavior). I call this a peremptory practice and distinguish it from other rule-following social practices along three dimensions. First, these practices involve the recognition of peremptory, or exclusionary, claims on conduct. Second, such claims are second-personally administered. And finally, these practices have a public aspect: they determine a delimited domain of subjects to whom the peremptory claims are recognized as applying. In the final section, I explore one topic where I believe this analysis might be helpful: explaining the domain-specificity of legal authority.

The Paper: https://bit.ly/cltdg-diamond-paper

The Zoom link: https://bit.ly/cltdg-michaelmas23-4

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