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Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J Postema

Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J Postema

Author: Thomas Bustamante; Thiago Lopes Decat Decat
Publisher: Hart Publishing
ISBN: 9781509933884

Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945603

List Price: HKD 1,105.00

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Contents

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This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including:

the value of the rule of law
the ideal of integrity in adjudication
his works on analogical reasoning
the methodology of jurisprudence, and
dialogues with Joseph Raz, Frederick Schauer and HLA Hart

It includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.

Introduction – Thomas Bustamante & Thiago Decat

I. ON THE VALUE OF THE RULE OF LAW

1. Fidelity, Accountability and Trust: Tensions at the Heart of the Rule of Law – Gerald J. Postema

2. Equal Concern and Respect as the Foundation of Postema's Notion of the Rule of Law – Franklin Marques Dutra

II. INTEGRITY

3. Postema's Account of Integrity – Barbara Baum Levenbook

4. Revisiting the Idea of Protestant Interpretation: Towards Reconciliation between Dworkin and Postema – Thomas Bustamante

5. Postema, Dworkin and the Question of Meaning – Dennis Patterson

III. FOUNDATIONS OF ANALOGICAL REASONING

6. Some Inferentialist remarks on Postema's conception of analogical thinking in Law – Thiago Lopes Decat

7. Postema on Analogies in Law – Fábio Perin Shecaira

IV. HISTORICAL WRITINGS AND JEREMY BENTHAM SCHOLARSHIP

8. Paper on Gerald Postema's contribution to Bentham Scholarship – Josep Juan Moreso

9. Paper on Gerald Postema's works on Legal History and the Presence of Time in Adjudication and Legal Interpretation – Dan Priel

V. DIALOGUES WITH CONTEMPORARY LEGAL THEORY

10. In Defence of a Thin Concept of Law – Andrea Faggion

11. On Postema's Mirror View Thesis. A Contribution to a Theory of Precedent – Sandra Gómora-Juárez

12. Philosophical and psychological distinctions between presumptive positivism and rule-sensitive particularism ¬– Guilherme F.C.F Almeida & Noel Struchiner

VI. DISCUSSIONS AND REPLIES

13. A Reply to Book Participants – Gerald J. Postema

14. Interview with Professor Gerald Postema – Thomas Bustamante, César Serbena & Natalina Stamile