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Books > Law > Jurisprudence & general issues > Foundations of law
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The Morality of Conflict - Reasonable Disagreement and the Law (Hardcover, New)
Loot Price: R5,321
Discovery Miles 53 210
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The Morality of Conflict - Reasonable Disagreement and the Law (Hardcover, New)
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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 to question the importance of agreement in law
and politics. By addressing in detail issues pertaining to the
nature and sources of disagreement, its extent and significance, as
well as the procedural, institutional and substantive responses to
disagreement in the law and their legitimacy, this book suggests
the value of a comprehensive approach to thinking about conflict,
which until recently has been analysed in a compartmentalized way.
It aims to provide a fully-fledged political morality of conflict
by drawing on the analysis of topical jurisprudential questions in
the new light of disagreement. Developing such a global theory of
disagreement in the law should be read in the context of the
broader effort of reconstructing a complete account of democratic
law-making in pluralistic societies. The book will be of value not
only to legal philosophers and constitutional theorists, but also
to political and democratic theorists, as well as to all those
interested in public decision-making in conditions of conflict
General
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