Coll. Droits, pouvoirs & sociétés, 456 pages

ISBN : 9780190466411

Présentation de l'éditeur

This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.

Wil Waluchow is a Professor of Philosophy at McMaster University, and the Senator William McMaster Chair in Constitutional Studies. His published works include Philosophical Foundations of the Nature of Law (Oxford, 2013, co-authored with Stefan Sciaraffa), and A Common Law Theory of Judicial Review: The Living Tree (2007). Stefan Sciaraffa is a Professor of Philosophy at McMaster University. He specializes in the philosophy of law as well as social, moral, and political philosophy. He has published widely in a number of law and philosophy journals including the Oxford Journal of Legal Studies , and European Journal of Philosophy.

Sommaire

Part I - The Unity of Value

1. A Hedgehog's Unity of Value, Joseph Raz

Part II - Political Values: Legitimacy, Authority, and Collective Responsibility 

2. Political Resistance for Hedgehogs, Candice Delmas 3. Ronald Dworkin, State Consent and Progressive Cosmopolitanism, Thomas Christiano 4. To Fill or Not To Fill Individual Responsibility Gaps? Some Reflections on a Dworkin-Inspired Problem, François Tanguay-Renaud 5. Inheritance and Hypothetical Insurance, Daniel Halliday

Part III - General Jurisprudence: Contesting the Unity of Law and Value

6. Putting Law in Its Place, Lawrence G. Sager 7. Dworkin and Unjust Law, David Dyzenhaus 8. The Grounds of Law, Luís Duarte d'Almeida 9. Immodesty in Dworkin's 'Third' Theory: Modest Conceptual Analysis, Immodest Conceptual Analysis, and the Lines Dividing Conceptual and Other Kinds of Theory of Law, Kenneth Einar Himma 10. Imperialism and Importance in Dworkin's Jurisprudence, Michael Giudice 11. A Theory of Legal Obligation, Christopher Essert

Part IV - Value in Law 

12. Originalism and Constructive Interpretation, David O. Brink 13. Was Dworkin an Originalist?, Larry Alexander 14. The Moral Reading of Constitutions, Connie S. Rosati 15. Authority, Intention and Interpretation, Aditi Bagchi 16. Concern and Respect in Procedural Law, Hamish Stewart