Pre-reflective law

Crowe, Jonathan (2011). Pre-reflective law. In Maksymilian Del Mar (Ed.), New waves in philosophy of law (pp. 103-122) New York, NY, United States: Palgrave Macmillan.

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Name Description MIMEType Size Downloads
Author Crowe, Jonathan
Title of chapter Pre-reflective law
Title of book New waves in philosophy of law
Place of Publication New York, NY, United States
Publisher Palgrave Macmillan
Publication Year 2011
Sub-type Research book chapter (original research)
Open Access Status
Series New Waves in Philosophy
ISBN 9780230276598
Editor Maksymilian Del Mar
Chapter number 4
Start page 103
End page 122
Total pages 20
Total chapters 11
Collection year 2012
Language eng
Formatted Abstract/Summary
Legal reasoning is commonly regarded as a reflective process, in
which legal actors - be they ordinary citizens or judges and other legal
officials - consciously incorporate legal norms into their deliberations
when deciding what to do. However, this picture is misleading. The
primary int1uence of legal norms on practical decision making takes
place at a pre-reflective level. In this chapter, I offer an account of this
pre-reflective dimension of law. I begin by examining the pre-reflective
foundations of normative reasoning generally, and then turn to the
place of legal norms within that picture.
I contend that both citizens and judges routinely make pre-reflective
judgements about the content of legal norms. Furthermore, their initial
engagement with those norms invariably takes place within a broader
context of pre-reflective values. I then examine the implications of this
account for traditional understandings of legal reasoning. I argue that
the pre-reflective dimension of law undermines attempts to draw a sharp
distinction between legal and other forms of normative deliberation.
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Document type: Book Chapter
Collections: Official 2012 Collection
TC Beirne School of Law Publications
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Created: Tue, 22 Mar 2011, 17:28:57 EST by Ms Barbara Thorsen on behalf of T.C. Beirne School of Law