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Vol 21 No 11 Nov/Dec 2016

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Moral Conflict and Legal Reasoning

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ISBN13: 9781841131085
ISBN: 1841131083
Published: December 1999
Publisher: Hart Publishing
Format: Hardback
Price: £59.00



Concentrating on the meanings of moral conflict through an analysis of the work of Alasdair MacIntyre and Richard Rorty, the book provides a defence of an ""agonistic liberalism"" drawn from the work of Isaiah Berlin which puts conflict over values at the heart of its critical concerns. But in so doing and drawing on writers from a variety of intellectual positions, including enlightenment, postmodern and feminist analyses, it argues that the practices and presuppositions of liberal legalism - exemplified in writers such as Ronald Dworkin, Neil MacCormick and Robert Alexy - must be challenged as failing to live up to the aspirations of agonistic liberal theory.

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Contents:
The dark ages of liberalism - the rejection of teleology, an enlightened alternative, the emotivist self, the emotivist compromise, initial problems with the emotivist self; the politics of the emotivist compromise - a four-level analysis, conclusion; a liberal response - Berlin's liberalism, law and politics, conclusion; liberalism and law - MacIntyre and Berlin; on liberal legalism - ""law's images of society"", some preliminary issues; law, conflict and consensus - deeper concerns, law and ""other"" problems, conclusion.