東華大學圖書館 |

Law, morality and judicial reasoning = essays on W.J. Waluchow's jurisprudence and constitutional theory /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Law, morality and judicial reasoning/ edited by Thomas Bustamante, Saulo de Matos, André L. S. Coelho.
其他題名:	essays on W.J. Waluchow's jurisprudence and constitutional theory /
其他作者:	Bustamante, Thomas da Rosa de.
出版者:	Cham :Springer International Publishing : : 2024.,
面頁冊數:	x, 313 p. :ill., digital ;24 cm.
內容註:	Introduction -- I. WALUCHOW'S JURISPRUDENCE RESTATED -- Incorporationism, Inclusivism, and Indeterminacy -- Inclusive Legal Positivism and the Fallibility of Officials -- Responses to Waluchow on Raz -- Waluchow on Institutional Forces of Law -- Some issues concerning Waluchow's critique of Dworkin -- Competing Legal Positivisms, Methodology and Distinctive Visions of Law -- II. CONSTITUTIONAL REASONING, POLITICAL MORALITY AND JUDICIAL REVIEW -- Waluchow and Dworkin's Disagreement on Legal Theory, Precedent and Adjudication: A Family Affair -- Lessons from Waluchow: Necessity, Determinacy, and Intelligibility of (Weak) Judicial Discretion -- Fixed and Non-fixed Meaning in Constitutional Interpretation: Waluchow's Answer to Alice's Paradox -- Waluchow's Theory of Constitutional Interpretation from a Rhetorical-Argumentative Point of View -- Waluchow on Reasoning with the Morality of the Community -- III. CONSTITUTIONAL MORALITY APPLIED -- Reconciliation and the Living Tree Metaphor -- Global Justice, Indigenous Knowledge, and the Epistemic Merits of Institutionally Embodied Moral Intuitions -- The common law methodology in a barren soil: prospective judicial precedents and abstract judicial review -- Democracy and Adjudication in Latin America: A Critical Analysis of Wil Waluchow's Common Law Theory of Judicial Review -- IV. INTERVIEW -- Interview with Professor Wil J. Waluchow.
Contained By:	Springer Nature eBook
標題:	Law - Philosophy. -
電子資源:	https://doi.org/10.1007/978-3-031-61879-6
ISBN:	9783031618796

Law, morality and judicial reasoning = essays on W.J. Waluchow's jurisprudence and constitutional theory /
Law, morality and judicial reasoningessays on W.J. Waluchow's jurisprudence and constitutional theory /[electronic resource] :edited by Thomas Bustamante, Saulo de Matos, André L. S. Coelho. - Cham :Springer International Publishing :2024. - x, 313 p. :ill., digital ;24 cm. - Law and philosophy library,v. 1472215-0315 ;. - Law and philosophy library ;v. 147..

Introduction -- I. WALUCHOW'S JURISPRUDENCE RESTATED -- Incorporationism, Inclusivism, and Indeterminacy -- Inclusive Legal Positivism and the Fallibility of Officials -- Responses to Waluchow on Raz -- Waluchow on Institutional Forces of Law -- Some issues concerning Waluchow's critique of Dworkin -- Competing Legal Positivisms, Methodology and Distinctive Visions of Law -- II. CONSTITUTIONAL REASONING, POLITICAL MORALITY AND JUDICIAL REVIEW -- Waluchow and Dworkin's Disagreement on Legal Theory, Precedent and Adjudication: A Family Affair -- Lessons from Waluchow: Necessity, Determinacy, and Intelligibility of (Weak) Judicial Discretion -- Fixed and Non-fixed Meaning in Constitutional Interpretation: Waluchow's Answer to Alice's Paradox -- Waluchow's Theory of Constitutional Interpretation from a Rhetorical-Argumentative Point of View -- Waluchow on Reasoning with the Morality of the Community -- III. CONSTITUTIONAL MORALITY APPLIED -- Reconciliation and the Living Tree Metaphor -- Global Justice, Indigenous Knowledge, and the Epistemic Merits of Institutionally Embodied Moral Intuitions -- The common law methodology in a barren soil: prospective judicial precedents and abstract judicial review -- Democracy and Adjudication in Latin America: A Critical Analysis of Wil Waluchow's Common Law Theory of Judicial Review -- IV. INTERVIEW -- Interview with Professor Wil J. Waluchow.

This book provides a critical outlook on, and an inquiry into the practical implications of, the works of Professor W.J. Waluchow, one of the most important jurisprudence scholars of the early twenty-first century, while also reflecting on the interconnections between his legal theory and his theory of constitutional interpretation. It also features an interview with Waluchow, in which he responds to some of the chapters and shares a first-person perspective on his main philosophical ideas, how they emerged, and how they can be further developed and applied. The book makes a valuable contribution to contemporary legal philosophy by asking and providing different answers (from prominent legal philosophers and newer scholars in the field) to questions such as 'How does Waluchow's jurisprudence relate to his theories of legal reasoning and constitutional interpretation?', 'On what terms should we understand inclusive legal positivism?', 'Can inclusive legal positivism be reconciled with an interpretivist theory of adjudication?', 'How does it compare with Raz's model of legal authority?', 'Can Waluchow's notion of "community constitutional morality" be applied to contexts such as international law, pluralist legal communities, and indigenous laws?', and 'Is Waluchow's methodology equipped to provide interpretive directives in unstable and extremely unequal legal systems?'. The chapters, all written by experts on jurisprudence (including some of the scholars who helped develop the tradition known as inclusive legal positivism), offer a unique analysis of Waluchow's most complex and intriguing theses, providing not only a valuable exegetical analysis of his work but also a range of answers to the challenge of interpreting legal and constitutional values, as well as practical resolutions to persisting controversies in the philosophy of law.

ISBN: 9783031618796

Standard No.: 10.1007/978-3-031-61879-6doiSubjects--Personal Names:

3753440
Waluchow, Wilfrid J.
--Influence.Subjects--Topical Terms:

525060
Law
--Philosophy.

LC Class. No.: K235

Dewey Class. No.: 340.1

Law, morality and judicial reasoning = essays on W.J. Waluchow's jurisprudence and constitutional theory /
LDR:04422nmm a22003495a 4500 001 2388396
003 DE-He213
005 20240829130245.0
006 m d
007 cr nn 008maaau
008 250916s2024 sz s 0 eng d
020 $a 9783031618796 $q (electronic bk.)
020 $a 9783031618789 $q (paper)
024 7 $a 10.1007/978-3-031-61879-6 $2 doi
035 $a 978-3-031-61879-6
040 $a GP $c GP
041 0 $a eng
050 4 $a K235
072 7 $a LAB $2 bicssc
072 7 $a LAW000000 $2 bisacsh
072 7 $a LAB $2 thema
082 0 4 $a 340.1 $2 23
090 $a K235 $b .L416 2024
245 0 0 $a Law, morality and judicial reasoning $h [electronic resource] : $b essays on W.J. Waluchow's jurisprudence and constitutional theory / $c edited by Thomas Bustamante, Saulo de Matos, André L. S. Coelho.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2024.
300 $a x, 313 p. : $b ill., digital ; $c 24 cm.
347 $a text file $b PDF $2 rda
490 1 $a Law and philosophy library, $x 2215-0315 ; $v v. 147
505 0 $a Introduction -- I. WALUCHOW'S JURISPRUDENCE RESTATED -- Incorporationism, Inclusivism, and Indeterminacy -- Inclusive Legal Positivism and the Fallibility of Officials -- Responses to Waluchow on Raz -- Waluchow on Institutional Forces of Law -- Some issues concerning Waluchow's critique of Dworkin -- Competing Legal Positivisms, Methodology and Distinctive Visions of Law -- II. CONSTITUTIONAL REASONING, POLITICAL MORALITY AND JUDICIAL REVIEW -- Waluchow and Dworkin's Disagreement on Legal Theory, Precedent and Adjudication: A Family Affair -- Lessons from Waluchow: Necessity, Determinacy, and Intelligibility of (Weak) Judicial Discretion -- Fixed and Non-fixed Meaning in Constitutional Interpretation: Waluchow's Answer to Alice's Paradox -- Waluchow's Theory of Constitutional Interpretation from a Rhetorical-Argumentative Point of View -- Waluchow on Reasoning with the Morality of the Community -- III. CONSTITUTIONAL MORALITY APPLIED -- Reconciliation and the Living Tree Metaphor -- Global Justice, Indigenous Knowledge, and the Epistemic Merits of Institutionally Embodied Moral Intuitions -- The common law methodology in a barren soil: prospective judicial precedents and abstract judicial review -- Democracy and Adjudication in Latin America: A Critical Analysis of Wil Waluchow's Common Law Theory of Judicial Review -- IV. INTERVIEW -- Interview with Professor Wil J. Waluchow.
520 $a This book provides a critical outlook on, and an inquiry into the practical implications of, the works of Professor W.J. Waluchow, one of the most important jurisprudence scholars of the early twenty-first century, while also reflecting on the interconnections between his legal theory and his theory of constitutional interpretation. It also features an interview with Waluchow, in which he responds to some of the chapters and shares a first-person perspective on his main philosophical ideas, how they emerged, and how they can be further developed and applied. The book makes a valuable contribution to contemporary legal philosophy by asking and providing different answers (from prominent legal philosophers and newer scholars in the field) to questions such as 'How does Waluchow's jurisprudence relate to his theories of legal reasoning and constitutional interpretation?', 'On what terms should we understand inclusive legal positivism?', 'Can inclusive legal positivism be reconciled with an interpretivist theory of adjudication?', 'How does it compare with Raz's model of legal authority?', 'Can Waluchow's notion of "community constitutional morality" be applied to contexts such as international law, pluralist legal communities, and indigenous laws?', and 'Is Waluchow's methodology equipped to provide interpretive directives in unstable and extremely unequal legal systems?'. The chapters, all written by experts on jurisprudence (including some of the scholars who helped develop the tradition known as inclusive legal positivism), offer a unique analysis of Waluchow's most complex and intriguing theses, providing not only a valuable exegetical analysis of his work but also a range of answers to the challenge of interpreting legal and constitutional values, as well as practical resolutions to persisting controversies in the philosophy of law.
600 1 0 $a Waluchow, Wilfrid J. $x Influence. $3 3753440
650 0 $a Law $x Philosophy. $3 525060
650 0 $a Judicial process $x Philosophy. $3 3753445
650 0 $a Jurisprudence. $3 525061
650 0 $a Constitutional law $x Philosophy. $3 587283
650 1 4 $a Theories of Law, Philosophy of Law, Legal History. $3 1565627
650 2 4 $a Philosophy of Law. $3 893937
700 1 $a Bustamante, Thomas da Rosa de. $3 3753441
700 1 $a Matos, Saulo de. $3 3753442
700 1 $a Coelho, André L. S. $3 3753443
710 2 $a SpringerLink (Online service) $3 836513
773 0 $t Springer Nature eBook
830 0 $a Law and philosophy library ; $v v. 147. $3 3753444
856 4 0 $u https://doi.org/10.1007/978-3-031-61879-6
950 $a Law and Criminology (SpringerNature-41177)