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Law in the Age of Pluralism (Hardcover, New)
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Law in the Age of Pluralism (Hardcover, New)
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Law in the Age of Pluralism contains a collection of essays on the
intersection of legal and political philosophy. Written within the
analytical tradition in jurisprudence, the collection covers a wide
range of topics, such as the nature of law and legal theory, the
rule of law, the values of democracy and constitutionalism, moral
aspects of legal interpretation, the nature of rights, economic
equality, and more.
The essays in this volume explore issues where law, morality and
politics meet, and discuss some of the key challenges facing
liberal democracies. Marmor posits that a liberal state must first
and foremost respect people's personal autonomy and their
differing, though reasonable, conceptions of the good and the just.
This basic respect for pluralism is shown to entail a rather
skeptical attitude towards grand theories of law and state, such as
contemporary constitutionalism or Dworkin's conception of 'law as
integrity'. The values of pluralism and respect for autonomy,
however, are also employed to justify some of the main aspects of a
liberal state, such as the value of democracy, the rule of law, and
certain conceptions of equality. The essays are organized in three
groups: the first considers the rule of law, democracy and
constitutionalism. The second group consists of several essays on
the nature of law, legal theory, and their relations to morality.
Finally, the collection concludes with essays on the nature of
rights, the limits of rights discourse, and the value of economic
equality.
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