| Description |
1 online resource (xx, 601 pages) |
| Contents |
Preliminaries; Acknowledgements; Contents; Introduction; 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 |
| Summary |
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts, it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore |
| 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"--Page vii |
| Bibliography |
Includes bibliographical references (pages 539-590) and index |
| Notes |
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL |
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Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force. WlAbNL |
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Print version record |
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digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL |
| Subject |
Law -- Philosophy.
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Justice (Philosophy)
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Decision making -- Moral and ethical aspects.
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LAW -- Jurisprudence.
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LAW -- General Practice.
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LAW -- Reference.
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LAW -- Essays.
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LAW -- Paralegals & Paralegalism.
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LAW -- Practical Guides.
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Decision making -- Moral and ethical aspects
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Justice (Philosophy)
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Law -- Philosophy
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Meningsverschillen.
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Rechtvaardigheid.
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Recht.
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| Form |
Electronic book
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| ISBN |
9781847310187 |
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1847310184 |
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1280807636 |
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9781280807633 |
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9781472563491 |
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1472563492 |
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