Law and Democracy in Neil Maccormick's Legal and Political Theory: The Post-Sovereign Constellation

ISBN-13: 9789048189410 / Angielski / Twarda / 2011 / 298 str.

Agustin Jose Menendez; John Erik Fossum

Opis

Neil D. MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has compellingly elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has contributed not only to synthetise some of the key insights of the legal theories of Kelsen, Hart and Dworkin, but has broken new ground by undermining the 'monolithic' and 'nation-state' centered character of standard legal theories, leading the new emphasis on the argumentative character of legal practices which has come to dominate legal studies since the late seventies. This makes of MacCormick the first genuine theorist of European constitutional law in Beyond the Sovereign State and Questioning Sovereignty; and also the pioneer in rethinking legal and democratic theory from a post-sovereign vantage point. His 'liberal nationalist' political theory has strived to clarify how nationalism can contribute to stabilise democracy and thus lay the ground for a cosmopolitan order. This led him to enter the political arena as Member of the European Parliament (and Member of the Convention that drafted the Constitutional Treaty), something which sharpened his insights on federalism, nationalism and sovereignty.This volume collects newly commissioned articles by leading legal and political theorists. It was intended as a celebration of MacCormick's work on the occasion of the completion of his series on Law, State and Practical Reason. After the sad passing away of MacCormick, it becomes a homage and salute to the Scottish philosopher, in which authors engage in a critical reconstruction of MacCormick's work, aimed at revealing the connections between the two sides of his opus and at furthering his insights in each specific field.

Spis treści

Acknowledgements.- List of Contributors.- Introduction; Agustín José Menéndez and John Erik Fossum.- Part I: A Life in Law and Politics.- Chapter 1 The Cosmopolitan Local; Neil Walker.- Part II: The Seven Big Themes in Maccormick’s Legal and Political Theory.- Chapter 2 Maccormick on Maccormick; D. Neil Maccormick.- Part III: The Limits of Law.- Chapter 3 Juridification From Below: The Dynamics of Maccormick’s Institutional Theory of Law; Lars Christian Blichner.- Chapter 4 Reform And Tradition: Changes And Continuities in Neil Maccormick’s Concept Of Law; Massimo La Torre.-  Chapter 5 The Master Rule, Normativity, and The Institutional Theory Of Law; Stefano Bertea.- Part IV: Jurisprudence.- Chapter 6 Some Reflections on the Relationship between Law and Morality – Neil Maccormick’s Point Of View;  Marina Lalatta Costerbosa.- Chapter 7 Legal Judgment and Moral Reservation; Jeremy Waldron.- Chapter 8 Are We Beyond Sovereignty? The Sovereignty of Processes and the Democratic Legitimacy Of The European Union; Tanja Hitzel-Cassagnes.- Part V: Legal Argumentation.- Chapter 9 Coherence And Post-Sovereign Legal Argumentation; Flavia Carbonell.- Part VI: The Constitution(S) of the European Union.- Chapter 10 Legal Pluralism in the European Union; Martin Borowski.- Chapter 11 From Constitutional Pluralism To A Pluralistic Constitution? Constitutional Synthesis as a Maccormickian Constitutional Theory of European Integration; Agustín José Menéndez.- Part VII: Post-Sovereign Nationalism.- Chapter 12 Nation-States Vs. Nation-Regions in The Post-Sovereign European Polity; Joxerramon Bengoetxea.- Chapter 13 Nationalism, Patriotism and Diversity – Conceptualising The National Dimension In D. Neil Maccormick’s Post-Sovereign Constellation; John Erik Fossum.- Index.

Blurb

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing.  Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field.

Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.