
Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
This collection investigates how a liberal state can maintain legal and political legitimacy while respecting the diverse, often conflicting, conceptions of the good held by its citizens. Andrei Marmor, a prominent scholar in legal philosophy, utilizes the analytical tradition of jurisprudence to evaluate the intersection of law, morality, and politics. He argues that a commitment to personal autonomy necessitates a skeptical stance toward comprehensive theories of law, such as Dworkin's 'law as integrity,' while simultaneously providing a foundation for democratic values and the rule of law.
What You Will Find
Scope Limits
Scholars and students of jurisprudence frequently identify this collection as a rigorous contribution to contemporary legal philosophy. Readers often note the analytical density of the prose, which assumes a foundational understanding of liberal political theory and legal positivism.
Page Count:
312
Publication Date:
2007-01-01
Publisher:
Oxford University Press
ISBN-10:
0190450762
ISBN-13:
9780190450762
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