Law, Morality and Judicial Reasoning

Prof. Thomas Bustamante is Professor of Legal Theory and Philosophy of Law at the Federal University of Minas Gerais, Brazil, and Research Productivity Fellow of the National Council for Scientific and Technological Development (CNPq), Brazil. He was a Global Research Fellow with a Fulbright Visiting Research Grant at the New York University, from 2020 to 2022, and a Research Fellow at King’s College London from 2022 to 2023. He holds a PhD from the Pontifical Catholic University, Rio de Janeiro. Prof. Saulo de Matos is Professor of Legal Theory and Philosophy of Law at the Federal University of Pará, Brazil, and Vice-director of the Master and PhD Program in Human Rights of the same University. He holds a PhD from University of Gottingen, Germany, and a Master’s degree from the University of Heidelberg, Germany. Prof. André Coelho is Professor of Legal Theory and Philosophy of Law at the Law School of the Federal University of Rio de Janeiro, in Brazil. He holds an M.Phil and a Ph.D in Philosophy from the Federal University of Santa Catarina, Brazil, with a Research Visit at the Goethe Universität of Frankfurt, Germany. He has previously taught at CESUPA and The University of Amazon, both in Brazil.

Introduction.- I. WALUCHOW'S JURISPRUDENCE RESTATED.- Incorporationism, Inclusivism, and Indeterminacy.- Inclusive Legal Positivism and the Fallibility of Officials.- Responses to Waluchow on Raz.- Waluchow on Institutional Forces of Law.- Some issues concerning Waluchow's critique of Dworkin.- Competing Legal Positivisms, Methodology and Distinctive Visions of Law.- II. CONSTITUTIONAL REASONING, POLITICAL MORALITY AND JUDICIAL REVIEW.- Waluchow and Dworkin's Disagreement on Legal Theory, Precedent and Adjudication: A Family Affair.- Lessons from Waluchow: Necessity, Determinacy, and Intelligibility of (Weak) Judicial Discretion.- Fixed and Non-fixed Meaning in Constitutional Interpretation: Waluchow's Answer to Alice's Paradox.- Waluchow's Theory of Constitutional Interpretation from a Rhetorical-Argumentative Point of View.- Waluchow on Reasoning with the Morality of the Community.- III. CONSTITUTIONAL MORALITY APPLIED.- Reconciliation and the Living Tree Metaphor.- Global Justice, Indigenous Knowledge, and the Epistemic Merits of Institutionally Embodied Moral Intuitions.- The common law methodology in a barren soil: prospective judicial precedents and abstract judicial review.- Democracy and Adjudication in Latin America: A Critical Analysis of Wil Waluchow's Common Law Theory of Judicial Review.- IV. INTERVIEW.- Interview with Professor Wil J. Waluchow.