Just Interpretations: Law Between Ethics and PoliticsMichel Rosenfeld, Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld University of California Press, 01/01/1998 - 296 páginas In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretations--that is, interpretations that reflect a shared vision of justice--may become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, Just Interpretations offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach. Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative. Just Interpretations will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice. In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretations--that is, interpretations that reflect a shared vision of justice--may become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, Just Interpretations offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach. Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative. Just Interpretations will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice. |
Índice
Fish to the AristoteloKantian Formalism of Weinrib | 33 |
Just Interpretations? Law Violence and the Paradox of Justice | 55 |
Luhmanns Turn to Autopoiesis and SelfReferential | 89 |
A Critique of Habermass | 114 |
Posners and Rortys | 150 |
Strategies against the Mutual | 199 |
In Pursuit of Meaning amid Partial Subjects Elusive Others the Open | 235 |
CASES | 279 |
289 | |
Palavras e frases frequentes
abortion abstraction according to law Accordingly actual adjudicator autopoiesis autopoietic chapter clash common law communal communitarian comprehensive justice comprehensive pluralism concerning conflict consequences consistent constitutional constraints contemporary context contract corrective justice counterfactual counterfactual reconstruction deconstruction distinction distributive justice ends ethics euthanasia example extent extralegal norms factual equality feminist first-order norms forms of justice Habermas hand hate speech homosexuality ibid identity individual integrity intermediate pragmatism intersubjective involved justice according justice as reversible justice beyond law Kantian law and economics law's legal formalism legal interpretation legal norms legal positivism legal system legitimate liberal Luhmann's means monetarization monism moral Moreover objectives ontology particular perspective philosophy plausible pluralistic politics positivism Posner possible practice pragmatist proceduralist paradigm proponents pure procedural justice pursuit reconciliation relevant religion religious republican requires reversible reciprocity Rorty Rorty's Rosenfeld second-order norms seems social society standpoint substantive norms theory tion tism tive ultimately value preferences wealth maximization Weinrib whereas
Referências a este livro
Human Rights and Free Trade in Mexico: A Discursive and Sociopolitical ... Ariadna Estévez Visualização de excertos - 2008 |