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Interpretivism and the Limits of Law
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Democratizing Constitutional Law
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies ma...
Legality
What is law? In this book, Scott Shapiro draws on current work in the theory of action to offer an original and compelling answer to this perennial philosophical question.
The Rule of Law in Retreat
In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.
... The Native Races
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Where Our Protection Lies
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be ...
Philosophy of Law as an Integral Part of Philosophy
This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.
