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Brief Summary of Book: Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason Book 7) by Dimitrios Kyritsis
Here is a quick description and cover image of book Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason Book 7) written by Dimitrios Kyritsis which was published in January 22, 2015. You can read this before Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason Book 7) PDF full Download at the bottom.
This 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 which impose a moral duty on participants to respect each other’s contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.
Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason Book 7) by Dimitrios Kyritsis – eBook Details
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- Full Book Name: Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason Book 7)
- Author Name: Dimitrios Kyritsis
- Book Genre: Nonfiction
- Series Detail:
- ISBN # 9781474201186
- ASIN # B00SHBMR96
- Edition Language: English
- Date of Publication: January 22, 2015
- PDF File Name: Shared_Authority_-_Dimitrios_Kyritsis.pdf
- PDF File Size: 824 KB
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