Shared Authority by 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.-
The Tracking Theory of Rights
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The Concept of Legal Personhood
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The Normative Claim of Law
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New Essays on the Fish-Dworkin Debate
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A Dynamic Approach to Hans Kelsen's General Theory of Norms
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Reasons, Respect, and the Law
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The Making of Constitutional Democracy
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Law, Virtue and Justice
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The Logic of Autonomy
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Community and Collective Rights
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New Essays on the Normativity of Law
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Law and Authority under the Guise of the Good
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Law's Humility
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Rightful Relations with Distant Strangers
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Freedom and Force
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The Nature and Value of Vagueness in the Law
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Hannah Arendt and the Law
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Bernard Williams on Law and Jurisprudence
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New Essays on the Nature of Legal Reasoning
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Moral Responsibility and Artificial Intelligence
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Private Law and the Value of Choice
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 *
Dimitrios Kyritsis is an Associate Professor at the University of Reading.
| SKU | Unavailable |
| ISBN 13 | 9781509913794 |
| ISBN 10 | 1509913793 |
| Title | Shared Authority |
| Author | Dimitrios Kyritsis |
| Series | Law And Practical Reason |
| Condition | Unavailable |
| Binding Type | Paperback |
| Publisher | Bloomsbury Publishing PLC |
| Year published | 2017-01-26 |
| Number of pages | 182 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |