Law and Reflexive Politics

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Law and Reflexive Politics argues against the dominant recent `republican’ trend in legal and democratic theory that sees law as the prime vessel of political action, means of empowerment of civil society and guarantor of democratic politics. Against theorists as diverse as Dworkin, Habermas, Unger, Ackerman and others it argues that the law cannot, as these theorists would have it, contain the politics of civil society and exhaust what these politics are abou… More >>

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The Problematics of Moral and Legal Theory

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Richard Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification–an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejectio… More >>

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Respect, Pluralism, and Justice: Kantian Perspectives

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Respect, Pluralism, and Justice is a series of essays which sketches a broadly Kantian framework for moral deliberation, and then uses it to address important social and political issues. Hill shows how Kantian theory can be developed to deal with questions about cultural diversity, punishment, political violence, responsibility for the consequences of wrongdoing, and state coercion in a pluralistic society…. More >>

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