Moral Conflict and Legal Reasoning
By (author) Scott Veitch
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Moral Conflict and Legal Reasoning by Scott Veitch
Book DescriptionWinner 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.
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Book DetailsISBN: 9781841131085
(216mm x 138mm x 17mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 1-Dec-1999
Country of Publication: United Kingdom
Books By Author Scott Veitch
Law and Irresponsibility, Paperback (November 2007)
Exploring how law organises irresponsibility, this book analyses the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. It shows how law facilitates the dispersal and disavowal of responsibility.
State of Scots Law, Paperback (June 2001)
Constitutional and political changes have produced a fundamental challenge to the ideas and institutions of Scots law. Written by leading academics from Scotland's universities, this work provides all those interested in Scots law with a point of reference in this debate.
Lethe's Law, Hardback (May 2001)» View all books by Scott Veitch
This book offers a series of original essays by of scholars whose work looks comparatively at law's attempts to deal with the past.
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Author Biography - Scott Veitch
Scott Veitch is a Reader in Law at the University of Glasgow.
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