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Interpretivism and its Critics: New Work in Legal Philosophy

Coming Soon Interpretivism and its Critics: New Work in Legal Philosophy

Interpretivism and its Critics: New Work in Legal Philosophy

Author: Nicolaos Stavropoulos
Publisher: Hart Publishing
ISBN: 9781509975815
Published In: February 2027
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: S$249.60

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This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature.

Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets.

This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

1. What Makes a Moral Duty Legal? Dworkin's Judicial Enforcement Theory Versus the Moral Impact Theory

Mark Greenberg (UCLA, USA)

Respondent:

Felipe Jiminez (University of Southern California, USA)

2. Dworkin in His Best Light, Scott Hershovitz (University of Michigan, USA) and Steve Schaus (University of Michigan, USA)

Respondent: Dworkin in a Better Light, Charles Barzun, (University of Virginia, USA)

3. Law in the Service of Legitimacy

Dimitrios Kyritsis (University of Essex, UK)

Respondent: Law Between Integrity and Assurance

Ezequiel Monti (Torcuato Di Tella University, Argentina)

4. Role Obligations, Associative Obligations and the Law

George Letsas (University College London, UK)

Respondent: Social Rules and Social Construction

Tom Adams (University of Oxford, UK)

5. Integrity in Law's Empire

Andrei Marmor (Cornell University, USA)

Respondent:

Trenton Sewell (University of Oxford, UK)

6. Law and Determinations of Meaning

Stephen Neale (CUNY, USA)

Respondent:

Timothy Endicott (University of Oxford, UK)

7. Missing the Forest for the Trees: Ronald Dworkin's Excessive Preoccupation with Morality

Ofer Raban (University of Oregon, USA)

Respondent: From Morality to Rationality and Beyond

Allan Hutchinson (Osgoode Hall, Canada)

8. Excuse Me, Hercules: The Legal Status of Imperfect Constitutional Duties

Lawrence G Sager (UT Austin, USA)

Respondent: On (Not) Setting Boundaries

Conor Crummey (Maynooth University, Ireland)

9. Is Democracy Impossible Here?

Tamsin Shaw (New York University, USA)

Respondent: Is Democracy Possible (T)here? Why We Should Bet That It Is, and How It May Still Be

Cécile Degiovanni (University of Oxford, UK)

10. The Force Hypothesis

Angelo Ryu and Nicolaos Stavropoulos (University of Oxford, UK)

Respondent:

Hasan Dindjer (University of Oxford, UK)

11. Impersonal Entitlements and Distributive Justice

Sandy Steel (University of Oxford, UK)

Respondent: Different Questions

Chris Essert (University of Toronto, Canada)

12. Law as Integrity and Ideology

Laura Valentini (University of Munich, Germany)

Respondent: Integrity and Social Facts

Felix Koch (University of Zurich, Switzerland)

13. Reconstructing Precedent

Nina Varsava (University of Wisconsin, USA)

Respondent: Problems with Stare Decisis and Its Moral Basis

Jeremy Waldron (New York University, USA)

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