Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Overview


Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory.

The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on ...

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Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

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Overview


Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory.

The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.

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Editorial Reviews

From the Publisher

"Exploring Law's Empire makes good reading"
--Times Literary Supplement

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Product Details

  • ISBN-13: 9780199546145
  • Publisher: Oxford University Press
  • Publication date: 4/25/2009
  • Pages: 352
  • Product dimensions: 6.10 (w) x 9.10 (h) x 0.80 (d)

Meet the Author

Scott Hershovitz is an Assistant Professor of Law at the University of Michigan. He received a D.Phil. in Law from the University of Oxford in 2001, where he studied as a Rhodes Scholar. He has published in the Oxford Journal of Legal Studies and Legal Theory.

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Table of Contents

Preface     v
List of Contributors     xi
Introduction: The "International" Constitutional Judge   Stephen Breyer     1
Should Constitutional Judges Be Philosophers?   Christopher L. Eisgruber     5
The Place of History and Philosophy in the Moral Reading of the American Constitution   James E. Fleming     23
How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin   Rebecca L. Brown     41
Coherence, Hypothetical Cases, and Precedent   S. L. Hurley     69
Integrity and Stare Decisis   Scott Hershovitz     103
The Many Faces of Political Integrity   Dale Smith     119
Did Dworkin Ever Answer the Crits?   Jeremy Waldron     155
Associative Obligations and the Obligation to Obey the Law   Stephen Perry     183
Law's Aims in Law's Empire   John Gardner     207
How Facts Make Law   Mark Greenberg     225
Hartian Positivism and Normative Facts: How Facts Make Law II   Mark Greenberg     265
Response   Ronald Dworkin     291
Index     313
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