Exploring law's empire : the jurisprudence of Ronald Dworkin

著者

書誌事項

Exploring law's empire : the jurisprudence of Ronald Dworkin

edited by Scott Hershovitz

Oxford University Press, 2006

大学図書館所蔵 件 / 全18件

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注記

Includes index

収録内容

  • Introduction : the "international" constitutional judge / Stephen Breyer
  • Should constitutional judges be philosophers? / Christopher L. Eisgruber
  • The place of history and philosophy in the moral reading of the American Constitution / James E. Fleming
  • How constitutional theory found its soul : the contributions of Ronald Dworkin / Rebecca L. Brown
  • Coherence, hypothetical cases, and precedent / S.L. Hurley
  • Integrity and stare decisis / Scott Hershovitz
  • The many faces of political integrity / Dale Smith
  • Did Dworkin ever answer the crits? / Jeremy Waldron
  • Associative obligations and the obligation to obey the law / Stephen Perry
  • Law's aim in Law's empire / John Gardner
  • How facts make law / Mark Greenberg
  • Hartian positivism and normative facts : how facts make law II / Mark Greenberg
  • Response / Ronald Dworkin

内容説明・目次

内容説明

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years.

目次

  • Introduction: The International Constitutional Judge
  • 1. Should Constitutional Judges Be Philosophers?
  • 2. The Place of History and Philosophy in the Moral Reading of the American Constitution
  • 3. How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin
  • 4. Coherence, Hypothetical Cases, and Precedent
  • 5. Integrity and Stare Decisis
  • 6. The Many Faces of Political Integrity
  • 7. Did Dworkin Ever Answer the Crits?
  • 8. Associative Obligations and the Obligation to Obey the Law
  • 9. Law s Aims in Law s Empire
  • 10. How Facts Make Law
  • 11. Hartian Positivism and Normative Facts: How Facts Make Law II
  • Response

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