| 000 | 02431nam a22003011a 4500 | ||
|---|---|---|---|
| 001 | bpp09258412 | ||
| 003 | UtOrBLW | ||
| 005 | 20220728105214.0 | ||
| 006 | m d | ||
| 007 | cr un ---uuuua | ||
| 008 | 150326s2015 enk ob 001 0 eng d | ||
| 020 | _a9781474201186 | ||
| 040 |
_aUtOrBLW _beng _cUtOrBLW |
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| 050 | 4 |
_aK230 _b.K97 2015 |
|
| 082 |
_a342.4411 _223 _bKY-S |
||
| 100 | 1 |
_aKyritsis, Dimitrios _928885 |
|
| 245 | 1 | 0 |
_aShared authority _bcourts and legislatures in legal theory |
| 260 |
_aLondon _bBloomsbury _c2015 |
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| 300 | _a1 online resource (viii, 172 p.) | ||
| 490 | 1 |
_aLaw and practical reason _vv. 7 |
|
| 520 | _a"This important new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers. Moreover in this collaborative task, different participants have a moral duty to respect each other's contributions."--Bloomsbury Publishing. | ||
| 530 | _aAlso issued in print. | ||
| 533 |
_aElectronic reproduction. _bLondon : _cBloomsbury Publishing, _d2014. _nAvailable via World Wide Web. _nAccess limited by licensing agreement. _7s2014 dcunns |
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| 650 | 0 |
_aLaw (Philosophical concept) _953874 |
|
| 830 | 0 |
_aLaw and practical reason _vv. 7 _967894 |
|
| 856 | 4 | 0 |
_uhttp://dx.doi.org/10.5040/9781474201186 _3Bloomsbury collection |
| 942 |
_2ddc _cEBK |
||
| 999 |
_c227581 _d227581 |
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