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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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The Metaethics of Constitutional Adjudication (Hardcover)
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The Metaethics of Constitutional Adjudication (Hardcover)
Series: Oxford Constitutional Theory
Expected to ship within 10 - 15 working days
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In this book Bosko Tripkovic develops a theory of value-based
arguments in constitutional adjudication. In contrast to the
standard question of constitutional theory that asks whether the
courts get moral answers wrong, it asks a more fundamental question
of whether the courts get the morality itself wrong. Tripkovic
argues for an antirealist conception of value -one that does not
presuppose the existence of mind-independent moral truths- and
accounts for the effect this ought to have on existing value-based
arguments made by constitutional courts. The book identifies three
dominant types of value-based arguments in comparative
constitutional practice: arguments from constitutional identity,
common sentiment, and universal reason, and explains why they fail
as self-standing approaches to moral judgment. It then suggests
that the appropriate moral judgments emerge from the dynamics
between practical confidence, which denotes the inescapability of
the self and the evaluative attitudes it entails, and reflection,
which denotes the process of challenging and questioning these
attitudes. The book applies the notions of confidence and
reflection to constitutional reasoning and maintains that the moral
inquiry of the constitutional court ought to depart from the
emotive intuitions of the constitutional community and then
challenge these intuitions through reflective exposure to different
perspectives in order to better understand and develop the
underlying constitutional identity. The book casts new light on
common constitutional dilemmas and allows us to envisage new ways
of resolving them.
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