Architectures of Justice: Legal Theory and the Idea of Institutional Design

ISBN-13: 9781138266247 / Angielski / Miękka / 2016 / 226 str.

Henrik Palmer Olsen; Stuart Toddington

Opis

Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.

Recenzje

'...a thoughtful and insightful book, which admirably fulfils its interdisciplinary brief to address the concerns of constitutional historians, public lawyers, political philosophers and social theorists, regarding the relationship between law and justice in a pluralist, civil society.' International Journal of Semiot Law 'In this important book Olsen and Toddington weave together various insights from constitutional law, political philosophy and social theory to show why debates over the nature of law should move their focus away from rules and reasoning towards questions of institutional design. What results is an eclectic, original and profound study of the way in which law might successfully regulate our complex multicultural societies.' Patrick Capps, University of Bristol, UK 'Engaging with various post-modern demons - particularly with pragmatism, pluralism, incommensurability, and cultural relativism - Olsen and Toddington succeed in anchoring the Rule of Law as well as responding convincingly to the crisis of regulatory legitimacy. Offering an analysis that is rich and articulate, Architectures of Justice is legal idealism at its very best.' Roger Brownsword, King's College London, UK.

Spis treści

Contents: Introduction: Fuller, Gewirth and the idea of eunomics; The methodology of eunomics; Means, ends and the idea of freedom; The politics of affirmative freedom; Natural law, sovereignty and institutional design; Why 'pluralism' fails a pluralist society; Obsolescent freedoms; Epilogue: equality, diversity and limits to social freedom; Indexes.

O autorze

Henrik Palmer Olsen, is a Reader in Constitutional Law, at the Faculty of Law, The University of Copenhagen, Denmark and Stuart Toddington is Professor of Jurisprudence, at the University of Huddersfield, UK