Law in the Age of Pluralism

Oup Usa (2007)
  Copy   BIBTEX

Abstract

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,349

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Institutions of law: an essay in legal theory.Neil MacCormick - 2007 - New York: Oxford University Press.
Law and interpretation: essays in legal philosophy.Andrei Marmor (ed.) - 1995 - New York: Oxford University Press.
Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 1993 - Pearson Prentice Hall.
The authority of law: essays on law and morality.Joseph Raz - 1979 - New York: Oxford University Press.
Is the rule of law really indifferent to human rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
The autonomy of law: essays on legal positivism.Robert P. George (ed.) - 1996 - New York: Oxford University Press.
Positive law and objective values.Andrei Marmor (ed.) - 2001 - Oxford [England] ; New York: Clarendon Press.
Law as a leap of faith: essays on law in general.John Gardner - 2012 - Oxford, U.K.: Oxford University Press.

Analytics

Added to PP
2012-01-31

Downloads
23 (#661,981)

6 months
5 (#652,053)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Andrei Marmor
Cornell University

Citations of this work

Grounding-based formulations of legal positivism.Samuele Chilovi - 2020 - Philosophical Studies 177 (11):3283-3302.
Case-to-Case Arguments.Katharina Stevens - 2018 - Argumentation 32 (3):431-455.
The Identity Argument for National Self-determination.Hsin-wen Lee - 2012 - Public Affairs Quarterly 26 (2):123-139.
Secret Laws.Claire Grant - 2012 - Ratio Juris 25 (3):301-317.

View all 8 citations / Add more citations

References found in this work

No references found.

Add more references