
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
This volume investigates whether H.L.A. Hart’s concept of the 'rule of recognition' provides a viable framework for understanding the legal validity and interpretive practices of the United States Constitution. The editors, Kenneth Einar Himma and Matthew D. Adler, curate a collection of essays from prominent scholars in analytical jurisprudence to test the limits of Hartian theory against the complexities of American constitutional law. By utilizing the U.S. legal system as a primary case study, the contributors examine how formal rules and judicial practices interact to define constitutional authority. The work aims to bridge the gap between abstract legal philosophy and the practical realities of constitutional interpretation.
What You Will Find
Experts in the field of jurisprudence identify this collection as a significant contribution to the ongoing debate regarding the intersection of legal positivism and constitutional theory. Readers frequently note the academic density of the prose, which is intended for scholars and advanced students of law.
Page Count:
412
Publication Date:
2009-07-20
Publisher:
Oxford University Press
ISBN-10:
0195343298
ISBN-13:
9780195343298
No comments yet. Be the first to share your thoughts!