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Vol 22 No 2 Feb/March 2017

Book of the Month

Cover of Fiduciary Obligations: 40th Anniversary Republication with Additional Essays

Fiduciary Obligations: 40th Anniversary Republication with Additional Essays

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Integrity, Community and Interpretation

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Simon HoneyballFaculty of Law, University of Exeter, James Walter

ISBN13: 9781855218291
ISBN: 1855218291
Published: January 1998
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

The aim of this book is to give a critical analysis of the works and theories of legal philosopher Ronald Dworkins. The book studies his ""Law's Empire"" and also looks at his earlier work, at the difficulties to which it gave rise, and the criticisms it attracted in order to set out Dworkins concerns, to paint the problems arising from his earlier views, and to understand better his solutions and examine their originality.

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Early views and critics: legal positivism; Dworkins critique. The interpretive theory: the nature of legal disagreement; drawing the semantic sting; a threshold objection; one right answer?; different methodology, same arguement?. Conventionalism, pragmatism and interpretation: concepts and conceptions; strict and soft conventionalism; fit and justification; pragmatism. Integrity and interpretation: integrity as a virtue; integrity and the chain of law; interpretation and intention; conclusion. Integrity, liberalism and the community: integrity and the moral legitimacy of law; true communities; liberal community; ethical priority; conclusion. Wider contexts: liberalism and communitarianism; law and hermeneutics; conclusion.