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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
Publisher: Hart Publishing
ISBN: 9781509945603

Published In: June 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509933884

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Description
Contents

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This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law.

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
dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart

The collection 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, Federal University of Minas Gerais, Brazil and Thiago Lopes Decat, Federal University of Minas Gerais, Brazil

PART 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, University of North Carolina at Chapel Hill, USA

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

Franklin M Dutra, Federal University of Minas Gerais, Brazil

PART II: LEGAL REASONING, INTEGRITY AND PROTESTANT INTERPRETATION

3. Postema's Account of Integrity

Barbara Baum Levenbook, North Carolina State University, USA

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

Thomas Bustamante, Federal University of Minas Gerais, Brazil

5. Postema, Dworkin, and the Question of Meaning

Dennis Patterson, Rutgers University, USA

6. Protestant Interpretation, Conventions, and Legal Truth

Brian H Bix, University of Minnesota, USA

PART III: ANALOGICAL REASONING IN LAW

7. Some Inferentialist Remarks on Postema's Conception of Analogical Thinking in Law

Thiago Lopes Decat, Federal University of Minas Gerais, Brazil

8. Postema on Analogies in Law

Fábio Perin Shecaira, Federal University of Rio de Janeiro, Brazil

PART IV: METHODOLOGY AND THE NATURE OF JURISPRUDENCE

9. Postema on Hart: The Illusion of Value-Neutrality

Margaret Martin, Western University, Canada

10. Analytic Jurisprudence in Time

Dan Priel, York University, Canada

11. How Postema's Jurisprudence as Sociable Science is Like Dworkin's Interpretivism: On Conceptual Analysis in Legal Theory

Saulo de Matos, Federal University of Pará, Brazil

PART V: POSTEMA'S ANALYSIS OF CONTEMPORARY LEGAL THEORIES

12. In Defence of a Thin Concept of Law

Andrea Faggion, State University of Londrina, Brazil

13. Philosophical and Psychological Distinctions between Presumptive Positivism and Rule-Sensitive Particularism

Guilherme da FCF de Almeida Pontifical Catholic University of Rio de Janeiro, Brazil and Noel Struchiner, Pontifical Catholic University of Rio de Janeiro, Brazil

14. Interview with Professor Gerald Postema

Thomas Bustamante, Federal University of Minas Gerais, Brazil, César Serbena, Federal University of Paraná, Brazil and Natalina Stamile, University of Bergamo, Italy