Judicial Review in an Age of Moral Pluralism PDF Download
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Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 0521762049
Category : Law
Languages : en
Pages : 357
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Book Description
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 0521762049
Category : Law
Languages : en
Pages : 357
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Book Description
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Author: Lauren J. Apfel
Publisher: Oxford University Press
ISBN: 0199600627
Category : History
Languages : en
Pages : 397
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Book Description
In this study of the relationship between a modern philosophical idea and an ancient historical moment, Lauren Apfel explores how the notion of pluralism, made famous by Isaiah Berlin, features in the Classical Greek world and, more specifically, in the thought of three of its most prominent figures: Protagoras, Herodotus, and Sophocles.
Author: Scott E. Lemieux
Publisher: Routledge
ISBN: 1351602128
Category : Political Science
Languages : en
Pages : 296
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Book Description
For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Author: George Crowder
Publisher: Routledge
ISBN: 1351754378
Category : Political Science
Languages : en
Pages : 391
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Book Description
Value pluralism is the idea, most prominently endorsed by Isaiah Berlin, that fundamental human values are universal, plural, conflicting, and incommensurable with one another. Incommensurability is the key component of pluralism, undermining familiar monist philosophies such as utilitarianism. But if values are incommensurable, how do we decide between them when they conflict? George Crowder assesses a range of responses to this problem proposed by Berlin and developed by his successors. Three broad approaches are especially important: universalism, contextualism, and conceptualism. Crowder argues that the conceptual approach is the most fruitful, yielding norms of value diversity, personal autonomy, and inclusive democracy. Historical context must also be taken into account. Together these approaches indicate a liberal politics of redistribution, multiculturalism, and constitutionalism, and a public policy in which basic values are carefully balanced. The Problem of Value Pluralism: Isaiah Berlin and Beyond is a uniquely comprehensive survey of the political theory of value pluralism and also an original contribution by a leading voice in the pluralist literature. Scholars and researchers interested in the work of Berlin, liberalism, value pluralism, and related ideas will find this a stimulating and valuable source.
Author: Dominic Wilkinson
Publisher: Elsevier Health Sciences
ISBN: 0702077828
Category : Medical
Languages : en
Pages : 192
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Book Description
What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents’ wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new ‘dissensus’ framework for future cases of disagreement. This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people.
Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
ISBN: 1788110609
Category : Law
Languages : en
Pages : 464
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Book Description
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author: Ronald C. Den Otter
Publisher: Rowman & Littlefield
ISBN: 149851202X
Category : Law
Languages : en
Pages : 259
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Book Description
Although the debate over same-sex marriage in the United States has ended, no one seems to know what lies on the horizon. The conversation about what marriage could be like in the future is no longer confined to academics. In his dissent in Obergefell, Chief Justice Roberts linked the constitutionally-mandated legal recognition of same-sex marriage to the possibility that states may also have to recognize multi-person intimate relationships as well to avoid discriminating against plural marriage enthusiasts. The popularity of television shows like TLC’s Sister Wives and HBO’s Big Love suggests that Americans no longer can be dismissive of the possibility that in the foreseeable future, marriage could, and perhaps should, look very different than it does today. Rather than settling the question of whether states ought to abolish marriage, make it more inclusive, contractual, or call it something else, this book exposes readers to some of the normative, legal, and empirical questions that Americans must address before they can deliberate thoughtfully about whether to keep the marital status quo where monogamy remains privileged. Unlike much of the debate over same-sex marriage, they exchange reasons with one another as they discuss marital reform. This book is for ordinary Americans, their elected representatives, and judges, to help them ultimately decide whether they want to continue to define marriage so narrowly, make it more inclusive to avoid discrimination, or have the state leave the marriage business. This edited, interdisciplinary volume contains eight original contributions, all of which illuminate important but often neglected areas of the topic.
Author: Paul Yowell
Publisher: Bloomsbury Publishing
ISBN: 1509913610
Category : Law
Languages : en
Pages : 192
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Book Description
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
Author: Douglas A. Hicks
Publisher: Cambridge University Press
ISBN: 9780521529600
Category : Business & Economics
Languages : en
Pages : 234
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Book Description
Table of contents
Author: Jordi Ferrer Beltrán
Publisher: Springer Science & Business Media
ISBN: 9400760671
Category : Law
Languages : en
Pages : 283
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Book Description
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
