Law in the age of pluralism
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書誌事項
Law in the age of pluralism
Oxford University Press, c2007
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注記
Includes bibliographical references (p. 277-284) and index
HTTP:URL=http://www.loc.gov/catdir/toc/ecip0716/2007017535.html Information=Table of contents only
内容説明・目次
内容説明
Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more.
The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's
conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first
considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
目次
- Introduction - Acknowledgements
- I. The Rule of Law and the Rule of the Many - Ch.1 The Rule of Law and Its Limits - Ch. 2 Should We Value Legislative Integrity? - Ch. 3 Authority, Equality and Democracy - Ch. 4 Are Constitutions Legitimate?
- II.Legal Theory, Law, and Morality - Ch. 5 Legal Positivism: Still Descriptive and Morally Neutral - Ch. 6 How Law is Like Chess - Ch. 7 Should Like Cases Be Treated Alike? - Ch. 8 The Immorality of Textualism
- III.Rights and Equality - Ch. 9 On The Limits of Rights - Ch. 10 Do We Have A Right To Common Goods? - Ch. 11 On The Right to Private Property and Entitlement to One's Income - Ch. 12 The Intrinsic Value of Economic Equality
- Bibliography - Index
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