Cart
Free Shipping in Australia
Proud to be B-Corp

Shared Authority Dr Dimitrios Kyritsis

Shared Authority By Dr Dimitrios Kyritsis

Shared Authority by Dr Dimitrios Kyritsis


$73.09
Condition - New
Only 2 left

Summary

This book suggests that the common conception of law (the legislature creates the law: courts apply it) should be abandoned, offering an alternative framework building on Dworkin's interpretive theory of law.

Shared Authority Summary

Shared Authority: Courts and Legislatures in Legal Theory by Dr Dimitrios Kyritsis

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.

Shared Authority Reviews

This is a beautifully written book, a pleasure to read, and with a core argumentative hook that is set up early and sustained throughout. -- Nicole Roughan * Law and Philosophy *

About Dr Dimitrios Kyritsis

Dimitrios Kyritsis is an Associate Professor at the University of Reading.

Table of Contents

1. In Praise of Particular Jurisprudence 2. The Persistent Significance of Jurisdiction 3. Dimensions of Interpretation 4. Legality, Integrity and Institutional Design 5. Institutions and Citizens 6. Broadening the Canvas

Additional information

NLS9781509913794
9781509913794
1509913793
Shared Authority: Courts and Legislatures in Legal Theory by Dr Dimitrios Kyritsis
New
Paperback
Bloomsbury Publishing PLC
2017-01-26
182
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Shared Authority