Exploring Law's Empire The Jurisprudence of Ronald Dworkin

by Hershovitz, Scott

• ISBN13: 9780199546145
• ISBN10: 0199546142
• Format: Paperback
• Copyright: 2009-04-25
• Publisher: Oxford University Press

Summary

Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory oflaw as integrity, and his work on constitutional theory.The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin'swork.

Author Biography

Scott Hershovitz is an Assistant Professor of Law at the University of Michigan. He received a D.Phil. in Law from the University of Oxford in 2001, where he studied as a Rhodes Scholar. He has published in the Oxford Journal of Legal Studies and Legal Theory.

Table of Contents

Preface	p. v
List of Contributors	p. xi
Introduction: The "International" Constitutional Judge	p. 1
Should Constitutional Judges Be Philosophers?	p. 5
The Place of History and Philosophy in the Moral Reading of the American Constitution	p. 23
How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin	p. 41
Coherence, Hypothetical Cases, and Precedent	p. 69
Integrity and Stare Decisis	p. 103
The Many Faces of Political Integrity	p. 119
Did Dworkin Ever Answer the Crits?	p. 155
Associative Obligations and the Obligation to Obey the Law	p. 183
Law's Aims in Law's Empire	p. 207
How Facts Make Law	p. 225
Hartian Positivism and Normative Facts: How Facts Make Law II	p. 265
Response	p. 291
Index	p. 313
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