The Morality of Conflict : Reasonable Disagreement and the Law
Samantha. Besson
Bok Engelsk 2005 · Electronic books.
| Utgitt | Oxford : : Hart Publishing Limited, , 2005.
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| Omfang | 1 online resource (622 p.)
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| Opplysninger | Description based upon print version of record.. - Preliminaries; Acknowledgements; Contents; Introduction; 1 The Notion and Types of Disagreement; 2 The Sources of Disagreement and Legal Indeterminacy; 3 The Essential Contestability of Normative Concepts; 4 The Reasonableness of Disagreement; 5 The State of Nature Fiction; 6 Disagreement as a Source of Coordination Problems; 7 Deliberative Voting Ethics; 8 Four Arguments against Compromising Justice Internally; 9 Constitutional Rights Qua Legislative Precommitment; 10 Participation and the Paradox of Democratic Representation; 11 Integrity Should the Law Speak With One Voice. - 12 Conflicts of Constitutional Rights Nature Typology and Resolution13 Coordination based Obligations to Obey the Law; 14 Democracy Disagreement and Disobedience; Bibliography; Index. - This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts, it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore
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| Emner | Decision making
Law - Philosophy Decision making -- Moral and ethical aspects. Justice (Philosophy). Vis mer... Law, General & Comparative
Law, Politics & Government rettsfilosofi : (NoOU)UJUR47 rettsfilosofi konfliktløsning etikk moral |
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| ISBN | 1841134929
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