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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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Moral Conflict and Legal Reasoning (Hardcover)
Loot Price: R3,440
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Moral Conflict and Legal Reasoning (Hardcover)
Series: European Academy of Legal Theory Series
Expected to ship within 12 - 17 working days
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Winner of the 1998 European Award for Legal Theory European Academy
of Legal Theory Monograph Series This book sets the significance of
moral conflict as a core concern for contemporary theorising about
law and legal reasoning. It asks whether liberal legal structures
can adequately deal with moral conflict,or whether they fall prey
to intellectual and professional techniques and interests which
reduce the possibilities for meaningful dissensus. Concentrating on
the meanings of moral conflict through an analysis of the work of
Alasdair MacIntyre and Richard Rorty, it provides a defence of an
'agonistic liberalism' drawn from the work of Isaiah Berlin which
puts conflict over values at the heart of its critical concerns.
But in so doing, and drawing on writers from a variety of
intellectual positions, including enlightenment, postmodern and
feminist analyses, it argues that the practices and presuppositions
of liberal legalism - exemplified in writers such as Ronald
Dworkin, Neil MacCormick and Robert Alexy - must be challenged as
failing to live up to the aspirations of the agonistic liberal
theory.
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