The Legacy of Ronald Dworkin
1. Auflage
Erschienen am 25. April 2016
416 Seiten
978-0-19-046642-8 (ISBN)
Beschreibung
This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy.
The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.
Weitere Details
Weitere Ausgaben
Personen
Wil Waluchow is a Professor of Philosophy at McMaster University, and the Senator William McMaster Chair in Constitutional Studies. His published works include Philosophical Foundations of the Nature of Law (Oxford, 2013, co-authored with Stefan Sciaraffa), and
A Common Law Theory of Judicial Review: The Living Tree (2007).
Stefan Sciaraffa is a Professor of Philosophy at McMaster University. He specializes in the philosophy of law as well as social, moral, and political philosophy. He has published widely in a number of law and philosophy journals including the Oxford Journal of Legal Studies, and European Journal of Philosophy.
Inhalt
Contributors
Wil Waluchow and Stefan Sciaraffa, Editors' Introduction
Part I
The Unity of Value
1. A Hedgehog's Unity of Value
Joseph Raz
Part II
Political Values: Legitimacy, Authority, and Collective Responsibility
2. Political Resistance for Hedgehogs
Candice Delmas
3. Ronald Dworkin, State Consent and Progressive Cosmopolitanism
Thomas Christiano
4. To Fill or Not To Fill Individual Responsibility Gaps? Some Reflections on a Dworkin-Inspired Problem
François Tanguay-Renaud
5. Inheritance and Hypothetical Insurance
Daniel Halliday
Part III
General Jurisprudence: Contesting the Unity of Law and Value
6. Putting Law in Its Place
Lawrence G. Sager
7. Dworkin and Unjust Law
David Dyzenhaus
8. The Grounds of Law
Luís Duarte d'Almeida
9. Immodesty in Dworkin's 'Third' Theory: Modest Conceptual Analysis, Immodest Conceptual Analysis, and the Lines Dividing Conceptual and Other Kinds of Theory of Law
Kenneth Einar Himma
10. Imperialism and Importance in Dworkin's Jurisprudence
Michael Giudice
11. A Theory of Legal Obligation
Christopher Essert
Part IV
Value in Law
12. Originalism and Constructive Interpretation
David O. Brink
13. Was Dworkin an Originalist?
Larry Alexander
14. The Moral Reading of Constitutions
Connie S. Rosati
15. Authority, Intention and Interpretation
Aditi Bagchi
16. Concern and Respect in Procedural Law
Hamish Stewart
Index
