Without Trimmings -

Without Trimmings

The Legal, Moral, and Political Philosophy of Matthew Kramer

Mark McBride, Visa AJ Kurki (Herausgeber)

Buch | Hardcover
624 Seiten
2022
Oxford University Press (Verlag)
978-0-19-886886-6 (ISBN)
137,15 inkl. MwSt
Professor Matthew Kramer is one of the most important legal philosophers of our time. This collection of essays brings together esteemed philosophers and junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy.
Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work.

The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.

Dr Mark McBride is a British and Irish legal scholar and philosopher, and currently an Assistant Professor at the Law Faculty of the National University of Singapore. His active research interests include legal philosophy and epistemology. His work has appeared in publications such as the American Journal of Jurisprudence, the Canadian Journal of Law & Jurisprudence, Legal Theory, and Episteme. Recently, he has articulated the core of his tracking theory of rights in Analytic Philosophy - a theory which he is developing at length in a forthcoming book, The Tracking Theory of Rights. Dr Visa AJ Kurki is Associate Professor of Jurisprudence at the Law Faculty of the University of Helsinki. His research interests include rights theory, legal personhood, and animal law. His monograph A Theory of Legal Personhood was published by Oxford University Press in 2019 and described as "an instant classic" in the Modern Law Review. His work has also appeared in journals such as the Oxford Journal of Legal Studies, Legal Theory and the German Law Journal.

I. RIGHTS AND RIGHT- HOLDING
1: Laura K. Donohue: Correlation and Constitutional Rights
2: Rowan Cruft: Rights, Positivism, and the Vice of Self-Puffery: Why Kramer's Interest Theory is Nearly Right
3: Joseph Bowen: The Interest Theory of Rights at the Margins: Posthumous Rights
4: Visa A.J. Kurki: Are Legal Positivism and the Interest Theory of Rights Compatible?
5: Mark McBride: Tracking the Resilience of Hybridity
II. GENERAL JURISPRUDENCE
6: Brian H. Bix: Objectivity, Conventions, and the Possibility of Universal Error
7: Wilfrid J. Waluchow: and Inclusive Legal Positivism: Dancing on the Head of a Pin?
8: Pierluigi Chiassoni: Kramer's Theory of Legal Positivism: Merits and Demerits
9: Gerald J. Postema: Law's Existence to Law's Rule: Reflections on Kramer's Understanding of the Rule of Law
III. GENERAL MAT TERS OF ETHICS
10: Christine Tiefensee: Metasemantics, Moral Realism, and Moral Doctrines
11: Lubomira Radoilska: Distinguishing Value-Neutrality from Value-Independence: Toward a New Disentangling Strategy for Moral Epistemology
12: Michael Garnett: Prevention, Coercion, and Two Concepts of Negative Liberty
V. LIBERALISM
14: Mark R. Reiff: Neutrality and Excellence
15: Collis Tahzib: Does Edificatory Perfectionism Express a Quidnunc Mentality?
VI. APPLIED ETHICS
16: R.A. Duff: Punishment and the Importance of Perspective
17: Christopher Kutz: Kramer's Razor and the Freedom of Expression
REPLIES
18: Matthew H. Kramer: Looking Back and Looking Ahead: Replies to the Contributors

Erscheinungsdatum
Verlagsort Oxford
Sprache englisch
Maße 160 x 240 mm
Gewicht 1070 g
Themenwelt Geisteswissenschaften Philosophie
Recht / Steuern Allgemeines / Lexika
Recht / Steuern EU / Internationales Recht
Recht / Steuern Privatrecht / Bürgerliches Recht Berufs-/Gebührenrecht
ISBN-10 0-19-886886-3 / 0198868863
ISBN-13 978-0-19-886886-6 / 9780198868866
Zustand Neuware
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