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Rights, Culture and the Law

Rights, Culture and the Law

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199248254
  • Published In: July 2005
  • Format: Hardback , 292 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Joseph Raz is one of the world's leading legal, political and moral philosophers of law
  • A collection of original papers exploring some of the main tenets of Raz's legal and political philosophy, by some of the worlds' leading legal philosophers and political theorists, including Jeremy Waldron, Robert Alexy, Hillel Steiner and Will Kymlicka
  • Contains the responses of Joseph Raz to the arguments made in the papers

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.



James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.



This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays.

Readership: Academics, post-graduate/advanced students in jurisprudence, political and moral philosophy, and political theory

Foreword
Introduction
Issues in Jurisprudence and Legal Philosophy: The Nature of Law, Practical Reason, Authority, Sources of and Gaps in the Law
1: Robert Alexy: The Nature of Arguments about the Nature of Law
2: Rüdiger Bittner: Stronger Reasons
3: Bruno Celano: Are Reasons for Action Beliefs?
4: Jeremy Waldron: Authority for Officials
5: J. E. Penner: Legal Reasoning and the Authority of Law
6: Timothy Endicott: Raz on Gaps
Perspectives on Liberal Society: Equality, Incommensurability, Group Rights, and Multiculturalism
7: Hillel Steiner: Equality, Incommensurability, and Rights
8: Andrei Marmor: The Intrinsic Value of Economic Equality
9: Lukas H. Meyer: Past and Future
10: James Griffin: Group Rights
11: Yael Tamir: Against Collective Rights
12: Bernhard Peters: Understanding Multiculturalism
13: Will Kymlicka: Liberal Theories of Multiculturalism
Joseph Raz: Response
Bibliography of the Works of Joseph Raz

Edited by Lukas H. Meyer, University of Bremen, Stanley L. Paulson, Professor of Law and Professor of Philosophy, Washington University, St Louis, and Thomas W. Pogge, Professor of Philosophy, Columbia University
Contributors:
Robert Alexy
Rüdiger Bittner
Bruno Celano
Jeremy Waldron
J. E. Penner
Timothy Endicott
Hillel Steiner
Andrei Marmor
Lukas H. Meyer
James Griffin
Yael Tamir
Bernhard Peters
Will Kymlicka
Joseph Raz
 
 

"Review from other book by this author a collection of essays thoroughly edited by Stanley Paulson and Bonnie Litschewski Paulson ... Within this review, it is impossible to give a complete overview of this rich discussion and to relate it to other Kelsenian debates. Fortunately, this is done by Stanley Paulson's instructive introduction ... well chosen collection." - Nils Jansen, Cambridge Law Journal, 1999

"Centring on the themes closely tied to the most influential legal philosophy and legal theory of the century, this book comprises articles by the best writers in the field, selected and edited by the Paulsons. What is more, the leading authority on Kelson's theory, Stanley Paulson, has contributed a rich and suggestive introduction to the volume." - Robert Alexy, University of Kiel

"This book, on Kelsen and beyond, underscores the role of the normativity of the law in the work of the greatest legal philosopher of our century." - Paolo Comanducci, University of Genoa

"Normativity and Norms is a singlularly distinguished painstakingly edited collection that represents an estimable contribution to international research on Kelson's work." - Ralf Dreier, University of Gottingen

"Once again we are indebted to the Paulsons for the light shed by their masterly scholarship and by their encouragment of other scholars upon the work of a thinker of unique significance in twentieth-century social and practical philosophy." - John Finnis, University College, Oxford University

"Stanley and Bonnie Paulson have brought together an invaluable set of papers that offers not only deep insight into the thinking of one of our preeminent legal philosophers, but also a fresh appreciation of the incomparable impact Kelson's work has had on this century's debates on legal philosophy. Many of these texts are original contributions or have been translated into English for the first time." - Lukas H. Meyer, University of Bremen

"This is the most insightful selection of writings about Hans Kelsen's important theory, edited by the best expert on the subject. All serious students of the Pure Theory of Law will simply have to read it." - Aleksander Peczenik, University of Lund

"This remarkable volume brings together some of the most important work on legal positivism written in this century, including newer essays by eminent scholars in the field. And in an introductory essay, Stanley L. Paulson provides an illuminating account of the major strengths and attendant shortcomings of Kelsen's Pure Theory of Law. In short, the volume is indispensable reading for anyone interested not just in the theory of legal positivism but in legal theory generally." - Alexander Somek, University of Vienna
 
 
 

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