New Essays on the Fish-Dworkin Debate

Administrative / Constitutional Law

New Essays on the Fish-Dworkin Debate

Edited by Thomas Bustamante · Margaret Martin
Hart Publishing October 2024

Specifications

ISBN-13
9781509961832
Publisher
Hart Publishing
Publication
October 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This book considers the seminal debate in contemporary jurisprudence, between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law.

The book encompasses 5 key themes of the debate, which led to some of the most intriguing aspects of Ronald Dworkin's legal and political philosophy - notably his interpretive theory of law and his account of moral objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish.

Firstly the collection considers the debate in the context of metaphysics and interpretative justice. It goes on to look at the exchange through the prism of theory and practice before focusing on law as interpretative social practice, integrity in context, and theories of value and valuable aspects of law. Stanley Fish concludes the collection with a response to the contributors.

Table of Contents

Introduction – Thomas Bustamante (Federal University of Minas Gerais, Brazil) and Margaret Martin (Western University, Canada)

Part One: Legal Theory and Its Critical Role
1. Reasoning Within and About (Legal) Practices
Brian H Bix (University of Minnesota, USA)
2. Fish Versus Dworkin: Sound and Fury, But…?
Larry Alexander (University of San Diego, USA)
3. Explaining Us to Ourselves
Jeremy Waldron (New York University, USA)
4. Law, Reason and Celestial Music
N.E. Simmonds (University of Cambridge, UK)
5. The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right
David Kenny (Trinity College Dublin, Ireland)

Part Two. Interpretation and Critical Constraints
6. Reenchanting Practice: Stanley Fish and the Challenge of Virtue Ethics
Maria Cahill (University College Cork, Ireland) and Patrick O'Callaghan (University College Cork, Ireland)
7. The Law in Quest of Integrity: Interpretation, Invention and Internal Critique
T. R. S. Allan (University of Cambridge, UK)
8. The Relevance of Literary Interpretation
Barbara Baum Levenbook (North Carolina State University, USA)
9. Clash of the Titans: Hercules vs. Dennis Martinez (Reflections on the Fish-Dworkin Debate)
Charles L. Barzun (University of Virginia, USA)
10. Social, Moral or Ameliorative? Understanding Constraints on Legal Interpretation
Natalie Stoljar (McGill University, Canada)

Part Three: Pragmatism and Interpretive Communities
11. Revisiting the 'Fish-Dworkin Debate'
Dennis Patterson (Rutgers University, USA)
12. Almost Naturalism: The Jurisprudence of Ronald Dworkin
Dan Priel (York University, Canada)
13. Interpreting Community: Agency, Coercion, and the Structure of Legal Practice
Nicole Roughan (University of Auckland, New Zealand) and Jesse Wall (University of Auckland, New Zealand)
14. Fish versus Dworkin: A Comparison between Two Versions of Legal Pragmatism
Thomas Bustamante (Federal University of Minas Gerais, Brazil)
15. Making it Objective. Dworkin, Inferentialism, and the CLS Critique
Thiago Lopes Decat (Federal University of Minas Gerais, Brazil)

Part Four: Implications
16. Dworkin, Fish, and Radically Defective Constitutions
Sanford Levinson (University of Texas Law School, USA)
17. The Problem of Immoral Integrity
Lars Vinx (University of Cambridge, UK)
18. What Makes Law? Dworkin, Fish, and Koskenniemi on the Rule of Law
David Lefkowitz (University of Richmond, UK)
19. Is Hercules a Natural? Rethinking the Fish/Dworkin Debate
Margaret Martin (Western University, Canada)
20. Interview with Professor Stanley Fish
Thomas Bustamante (Federal University of Minas Gerais, Brazil) and Margaret Martin (Western University, Canada)
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