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Trust in Law
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Arts, Department of Philosophy, Ethics and Social Philosophy.
2020 (English)In: Routledge Handbook of Trust and Philosophy / [ed] Judith Simon, Routledge, 2020Chapter in book (Refereed)
Abstract [en]

Some basic empirical acquaintance with the operations of legal systems is sufficient to render visible the presence of issues of trust across a continuum flanked by legal doctrine on one side and legal practice on the other side. The spectrum of legal events where appeals to the concept of trust occupy center stage is so wide that it becomes rather difficult to track a minimal common ground in the way in which legal theorists choose to describe trust as a topic of legal regulation, scrutiny or interest. In response to this constraint we shall assume that in its core trust invites the adoption of a “participant” stance from which a particular combination of reactive attitudes is deemed an appropriate response towards those we regard as responsible agents. This responsibility-based conception of trust dovetails with a widely accepted understanding of the addressees of legal requirements as practically accountable for their satisfaction. The entry will be divided in four subsequent sections each outlining the most lucid elaborations of the legal relevance of trust by theories of law which, for a host of different reasons, associate, more or less explicitly, the participant perspective on trust with either one of the following four basic concepts of law: sociological, doctrinal, taxonomic and aspirational.

Place, publisher, year, edition, pages
Routledge, 2020.
Keywords [en]
Autopoiesis, Expectation, Plan positivism, Institutional trust, Interpretation, Fiduciary obligation, Loyalty, Phenomenology of law, Reciprocity, Authority, Moral impact, Rule of Law, Procedural justice, Separation of powers, Reactive attitudes, Russell Hardin, Karen Jones, Richard Holton, Pamela Hieronymi, Niklas Luhmann, Mark Greenberg, Scott Shapiro, Ronald Dworkin, Peter Strawson, Paul Miller, Lon Fuller, Andrew Gold, Jeremy Waldron, Nancy Potter
National Category
Philosophy Law (excluding Law and Society)
Research subject
Practical Philosophy
Identifiers
URN: urn:nbn:se:uu:diva-396451ISBN: 9781138687462 (print)OAI: oai:DiVA.org:uu-396451DiVA, id: diva2:1367804
Projects
KAW CIVIS SUM
Funder
Knut and Alice Wallenberg Foundation, KAW 2014 0133Available from: 2019-11-05 Created: 2019-11-05 Last updated: 2019-11-08

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Mindus, Patricia

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