Shared Authority: Courts and Legislatures in Legal Theory
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Book Overview This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common concepti...
This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.
Book Details Format: Hardcover | Pages: 182 | Language: English | Publisher: HART PUB | ISBN: 1849463891
FormatHardcover
Pages182
LanguageEnglish
ISBN1849463891
EAN9781849463898
PublisherHART PUB
Publication Date1970-01-01
EditionUK
AccessoriesNo Accessory
ConditionNew
Product TypeHARD COVER BOOKS
Weight0.97 Pounds
Length9.2 Inches
Width6.2 Inches
Height0.8 Inches
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