Law in the Age of Pluralism

Law in the Age of Pluralism

by Andrei Marmor
Law in the Age of Pluralism

Law in the Age of Pluralism

by Andrei Marmor

eBook

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Overview

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.

Product Details

ISBN-13: 9780190450762
Publisher: Oxford University Press
Publication date: 12/31/2007
Sold by: Barnes & Noble
Format: eBook
File size: 553 KB

Table of Contents


Introduction     vii
Acknowledgments     xv
The Rule of Law and The Rule of the Many
The Rule of Law and Its Limits     3
Should We Value Legislative Integrity?     39
Authority, Equality and Democracy     57
Are Constitutions Legitimate?     89
Legal Theory, Law and Morality
Legal Positivism: Still Descriptive and Morally Neutral     125
How Law is Like Chess     153
Should Like Cases Be Treated Alike?     183
The Immorality of Textualism     197
Rights and Equality
On the Limits of Rights     215
Do We Have a Right to Common Goods?     233
On The Right to Private Property and Entitlement To One's Income     251
The Intrinsic Value of Economic Equality     259
Bibliography     277
Index     285
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