Format:
1 Online-Ressource (viii, 172 Seiten)
ISBN:
9781474201186
Series Statement:
Law and practical reason
Content:
"This important new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers. Moreover in this collaborative task, different participants have a moral duty to respect each other's contributions."--Bloomsbury Publishing
Note:
Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily
Additional Edition:
ISBN 9781849463898
Additional Edition:
Erscheint auch als Druck-Ausgabe Kyritsis, Dimitrios, 1978 - Shared authority Oxford [u.a.] : Hart, 2015 ISBN 9781849463898
Language:
English
Subjects:
Law
Keywords:
Gewaltenteilung
;
Rechtsphilosophie
;
Hochschulschrift
DOI:
10.5040/9781474201186
URL:
Volltext
(lizenzpflichtig)
URL:
Volltext
(lizenzpflichtig)
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