ISBN : 9780199659876
This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.
1 Introduction
Part I: A Case Against The Pre-emption Thesis
2 The Challenge and Possible Replies
3 Lack of Authority
4 Scope of Exclusion
Part II: A Critical Examination of the Weighing Model
5 The Phenomenological Argument
6 The Functional Argument
Part III: The Dispositional Model
7 The Dispositional Model Expounded
8 The Dispositional Model Advocated
9 The Dispositional Model: Further Theoretical Issues