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Moral Conflict and Legal Reasoning

By: Scott Veitch
Media of Moral Conflict and Legal Reasoning
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Published: 01-12-1999
Format: Hardback
Edition: 1st
Extent: 224
ISBN: 9781841131085
Imprint: Hart Publishing
Series: European Academy of Legal Theory Series
Dimensions: 216 x 138 mm
RRP : £70.00
 

: 14 -21 days

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Loren Epson

About Moral Conflict and Legal Reasoning

Winner of the 1998 European Award for Legal Theory



European Academy of Legal Theory Monograph Series



This book sets the significance of moral conflict as a core concern for contemporary theorising about law and legal reasoning. It asks whether liberal legal structures can adequately deal with moral conflict,or whether they fall prey to intellectual and professional techniques and interests which reduce the possibilities for meaningful dissensus.



Concentrating on the meanings of moral conflict through an analysis of the work of Alasdair MacIntyre and Richard Rorty, it provides a defence of an 'agonistic liberalism' drawn from the work of Isaiah Berlin which puts conflict over values at the heart of its critical concerns. But in so doing, and drawing on writers from a variety of intellectual positions, including enlightenment, postmodern and feminist analyses, it argues that the practices and presuppositions of liberal legalism - exemplified in writers such as Ronald Dworkin, Neil MacCormick and Robert Alexy - must be challenged as failing to live up to the aspirations of the agonistic liberal theory.

Table Of Contents

PART ONE
1: The Dark Ages of Liberalism
2: The Politics of the Emotivist Compromise
PART TWO
3: A Liberal Response
4: Liberalism and Law: MacIntyre and Berlin
PART THREE
5: On Liberal Legalism
6: Law, Conflict, and Consensus

Reviews

“Informative, scholarly, provocative, and a delight to read.” –  Tom Campbell, University of Toronto Law Journal

“…very good indeed. It is thought-provoking and well worth buying for your, or your institutions, library.” –  James Allan, Journal of Law and Society

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