| Description |
xx, 601 pages ; 24 cm |
| Contents |
1 The notion and types of disagreement -- 2 The sources of disagreement and legal indeterminacy -- 3 The essential contestability of normative concepts -- 4 The reasonableness of disagreement -- 5 The state of nature fiction -- 6 Disagreement as a source of coordination problems -- 7 Deliberative 'voting ethics' -- 8 Four arguments against compromising justice internally -- 9 Constitutional rights qua legislative precommitment -- 10 Participation and the paradox of democratic representation -- 11 Integrity : should the law speak with one voice? -- 12 Conflicts of constitutional rights : nature, typology and resolution -- 13 Coordination-based obligations to obey the law -- 14 Democracy, disagreement and disobedience |
| Summary |
It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement |
| Analysis |
Philosophy & theory of law |
| Notes |
"A selection of the material of the larger Habilitation thesis ... submitted at the University of Bern, Switzerland, in March 2004 under the title: Reasonable disagreement and the law"--p. vii |
| Bibliography |
Includes bibliographical references (pages [539]-590) and index |
| Subject |
Law -- Philosophy.
|
| ISBN |
1841134929 : |
|
9781841134929 |
|
