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Vol 23 No 5 May/June 2018

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Constituting Law: Legal Argument and Social Values

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Edited by: Justin Gleeson, Ruth C.A. Higgins

ISBN13: 9781862878303
Published: June 2011
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £75.00

Despatched in 11 to 13 days.

Why, to what extent, and in what ways is it appropriate for the domestic legal system to incorporate and assimilate extra-legal and international principles? To the extent that such incorporation is inevitable, is this a function of the demands of globalization and the convergence it entails, of the maturity and pervasiveness in society of other disciplines, or of a more profound aspect of the character of legal reasoning? Is Amartya Sen correct to contend that a domestic legal system must look outwards through the eyes of Adam Smith's "impartial spectator" to prosper from the wisdom of distant judgments and to avoid the evils of parochialism? Which, if any, parts of our legal system should be particularly open to such influences? What modes of reasoning best facilitate the conduct of such a dialogue?

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Part 1: Law and Moral Values Introduction A Place for Values in Legal Reasoning Stephen Gageler SC, Commonwealth Solicitor-General Law, Values, and the Advocate Justin T Gleeson SC Contingency, Law, and the Practice of Value Ruth C A Higgins Part 2: Law and History Introduction Re-Imagining Legal HistoryJustin T Gleeson SC Law and the Use of History The Honourable Justice W M C Gummow AC New Frontiers of Legal History Professor Emeritus Wilfred Prest Part 3: Law and the Uses of Expertise Introduction Law, Society and the Uses of Expertise in the Administration of Justice Geoff Lindsay SC Legislative Facts -- Developing the Common Law The Honourable Justice J D Heydon ACBacon's Chickens -- Re-thinking Law and Science (and Incriminating Expert Opinion Evidence) in Response to Empirical Evidence and Legal Principle Professor Gary Edmond Part 4: Law, Economics and Regulation Introduction Capitalism and its Schisms Ruth C A Higgins Law, Economics, and Interdisciplinary Indeterminacy The Honourable Ian D F Callinan AC Policy Tools for Reduction of CO2 Emissions Briefly Compared The Honourable Malcolm Turnbull MP Part 5: Law and International Thought Introduction Cross-Border Commonality Dr Andrew Bell SC International Law in Practice Professor Gillian Triggs, University of Sydney International Influences on Domestic Law: Neither Jingoistic Exceptionalism, Nor Blind Servility The Honourable Justice J Basten Part 6: Law and International Commerce Introduction Commerce, Certainty, and Consistency Noel Hutley SC The Law Merchant: How We Came to Where we Are The Honourable Justice A R Emmett Between the Parochial and the Cosmopolitan The Honourable Chief Justice J J Spigelman AC Part 7: Law, Justice and Human Rights Introduction Rights and Wrong Turns Craig Lenehan Human Rights in Australia -- Past, Present and Future Julian Leeser Who's Afraid of Unelected Judges? -- A Positive Case for Increasing the Judicial Role in Human Rights Enforcement Senior Lecturer Edward Santow Postscript Index