Synopses & Reviews
Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprudence over the coming years.
Review
"Exploring Law's Empire makes good reading"
--Times Literary Supplement
Synopsis
Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory.
The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
Synopsis
Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprudence over the coming years.
About the Author
Scott Hershovitz is an Assistant Professor of Law at the University of Michigan. He received a D.Phil. in Law from the University of Oxford in 2001, where he studied as a Rhodes Scholar. He has published in the
Oxford Journal of Legal Studies and Legal Theory. Table of Contents
Stephen Breyer: Introduction: The International Constitutional Judge
1: Christopher L. Eisgruber: Should Constitutional Judges Be Philosophers?
2: James E. Fleming: The Place of History and Philosophy in the Moral Reading of the American Constitution
3: Rebecca L. Brown: How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin
4: S. L. Hurley: Coherence, Hypothetical Cases, and Precedent
5: Scott Hershovitz: Integrity and Stare Decisis
6: Dale Smith: The Many Faces of Political Integrity
7: Jeremy Waldron: Did Dworkin Ever Answer the Crits?
8: Stephen Perry: Associative Obligations and the Obligation to Obey the Law
9: John Gardner: Law's Aims in Law's Empire
10: Mark Greenberg: How Facts Make Law
11: Mark Greenberg: Hartian Positivism and Normative Facts: How Facts Make Law II
Ronald Dworkin: Response
I
Introduction, Scott Hershovitz
II
1. Thick and Thin Concepts of Law, John Gardner and Elisa Holmes
2. How Facts Make Law, Mark Greenberg
3. Philosophy Inside Out, Nicos Stavropoulos
III
Integrity and Equality in Law
4. Equality and Integrity, Stephen Perry
5. Conceptions of the Rule of Law in Dworkin's Jurisprudence, Jeremy Waldron
6. Checkerboard Solutions, Dale Smith
7. Philosophy/Legal History, Jurgen Habermas
IV
Constitutional Law and Legal Reasoning
8. What's Moral about Dworkin's Moral Reading?, Chris Eisgruber
9. Importing Philosophy into the Constitution, Rebecca Brown
10. Wrong Again: The Principle of Stare Decisis, Scott Hershovitz
11. The Role of Hypothetical Cases in Legal Reasoning, Susan Hurley
V
Response and Agenda for the Future, Ronald Dworkin