Shared Authority

Courts and Legislatures in Legal Theory

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book Shared Authority by Dr Dimitrios Kyritsis, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Dimitrios Kyritsis ISBN: 9781782255116
Publisher: Bloomsbury Publishing Publication: January 22, 2015
Imprint: Hart Publishing Language: English
Author: Dr Dimitrios Kyritsis
ISBN: 9781782255116
Publisher: Bloomsbury Publishing
Publication: January 22, 2015
Imprint: Hart Publishing
Language: English

This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

More books from Bloomsbury Publishing

Cover of the book The Bloomsbury Encyclopedia of Philosophers in America by Dr Dimitrios Kyritsis
Cover of the book The South American Diaries by Dr Dimitrios Kyritsis
Cover of the book Contemporary Muslim-Christian Encounters by Dr Dimitrios Kyritsis
Cover of the book 100+ Ideas for Teaching Mathematics by Dr Dimitrios Kyritsis
Cover of the book Our Young Man by Dr Dimitrios Kyritsis
Cover of the book Transformations in Egyptian Journalism by Dr Dimitrios Kyritsis
Cover of the book Learning to Swear in America by Dr Dimitrios Kyritsis
Cover of the book The Royal Baby's Big Red Bus Tour of London by Dr Dimitrios Kyritsis
Cover of the book Screen Adaptations: Shakespeare’s Hamlet by Dr Dimitrios Kyritsis
Cover of the book Freedom and Force by Dr Dimitrios Kyritsis
Cover of the book Tonight At 8.30 by Dr Dimitrios Kyritsis
Cover of the book All But Gone by Dr Dimitrios Kyritsis
Cover of the book Sir Scaly Pants and the Dragon Thief by Dr Dimitrios Kyritsis
Cover of the book The Rape of Europa by Dr Dimitrios Kyritsis
Cover of the book Sektion 20 by Dr Dimitrios Kyritsis
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy