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Shared Authority: Courts and Legislatures in Legal Theory


ISBN13: 9781509913794
Published: January 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £27.99
Hardback edition , ISBN13 9781849463898



Despatched in 7 to 9 days.

This important 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. Moreover in this collaborative task, different participants have a moral duty to respect each other's contributions.

Subjects:
Jurisprudence, General Interest
Contents:
1. In Praise of Particular Jurisprudence
2. The Persistent Significance of Jurisdiction
3. Dimensions of Interpretation
4. Legality, Integrity and Institutional Design
5. Institutions and Citizens
6. Broadening the Canvas

Series: Law and Practical Reason

Law's Moral Indifference ISBN 9781849460149
To be published December 2022
Hart Publishing
£60.00
Law's Humility: Enlarging the Scope of Jurisprudential Disagreement ISBN 9781509945191
To be published August 2022
Hart Publishing
£29.99
New Essays on the Nature of Legal Reasoning ISBN 9781509937653
To be published May 2022
Hart Publishing
£85.00
The Making of Constitutional Democracy: From Creation to Application of Law ISBN 9781509905225
Published January 2022
Hart Publishing
£85.00
£76.50
(ePub)
Buy
£70.00
£63.00
(ePub)
Buy
£54.00
(ePub)
Buy
Law's Humility: Enlarging the Scope of Jurisprudential Disagreement ISBN 9781509936502
Published February 2021
Hart Publishing
£60.00
The Nature and Value of Vagueness in the Law (eBook) ISBN 9781509904457
Published April 2020
Hart Publishing
£63.00
(ePub)
Buy
The Nature and Value of Vagueness in the Law ISBN 9781849466066
Published April 2020
Hart Publishing
£70.00
Freedom and Force: Essays on Kant's Legal Philosophy ISBN 9781509932160
Published September 2019
Hart Publishing
£36.99
Private Law and the Value of Choice ISBN 9781509929740
Published June 2019
Hart Publishing
£36.99
Freedom and Force: Essays on Kant's Legal Philosophy (eBook) ISBN 9781782253075
Published May 2017
Hart Publishing
£33.29
(ePub)
Buy
Freedom and Force: Essays on Kant's Legal Philosophy ISBN 9781849463164
Published May 2017
Hart Publishing
£80.00
Private Law and the Value of Choice ISBN 9781841138862
Published January 2017
Hart Publishing
£80.00
Private Law and the Value of Choice (eBook) ISBN 9781509902842
Published January 2017
Hart Publishing
£33.29
(ePub)
Buy
Law and Authority under the Guise of the Good ISBN 9781509908448
Published September 2016
Hart Publishing
£25.99
Shared Authority: Courts and Legislatures in Legal Theory (eBook) ISBN 9781782255116
Published January 2015
Hart Publishing
£25.19
(ePub)
Buy
Shared Authority: Courts and Legislatures in Legal Theory ISBN 9781849463898
Published January 2015
Hart Publishing
£70.00
Law and Authority under the Guise of the Good (eBook) ISBN 9781782254270
Published July 2014
Hart Publishing
£23.39
(ePub)
Buy
Law and Authority under the Guise of the Good ISBN 9781849464499
Published July 2014
Hart Publishing
£65.00
Hannah Arendt and the Law ISBN 9781849464970
Published August 2013
Hart Publishing
£28.99
Hannah Arendt and the Law (eBook) ISBN 9781847319326
Published August 2013
Hart Publishing
£26.09
(ePub)
Buy
Law, Virtue and Justice ISBN 9781849461757
Published December 2012
Hart Publishing
£90.00
Law, Virtue and Justice (eBook) ISBN 9781782250333
Published December 2012
Hart Publishing
£81.00
(ePub)
Buy
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (eBook) ISBN 9781782250203
Published November 2012
Hart Publishing
£72.00
(ePub)
Buy
The Logic of Autonomy: Law, Morality and Autonomous Reasoning ISBN 9781849463461
Published November 2012
Hart Publishing
£80.00
Hannah Arendt and the Law ISBN 9781849461436
Published April 2012
Hart Publishing
£85.00
New Essays on the Normativity of Law (eBook) ISBN 9781847318237
Published August 2011
Hart Publishing
£76.50
(ePub)
Buy
New Essays on the Normativity of Law ISBN 9781849462389
Published August 2011
Hart Publishing
£85.00
The Normative Claim of Law ISBN 9781841139678
Published October 2009
Hart Publishing
£90.00
The Normative Claim of Law (eBook) ISBN 9781847317254
Published October 2009
Hart Publishing
£81.00
(ePub)
Buy
A Fair Criminal Law ISBN 9781849463768

Hart Publishing
Publication Abandoned