The morality of conflict : reasonable disagreement and the law / Samantha Besson.

Format:

Book

Author/Creator:

Besson, Samantha, 1973-

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Justice (Philosophy).

Decision making--Moral and ethical aspects.

Decision making.

Physical Description:

xx, 601 pages ; 24 cm

Place of Publication:

Oxford [England] ; Portland, Or. : Hart Pub., 2005.

Summary:

"This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously."--Jacket.

Contents:

1. The notion and types of disagreement

2. The sources of disagreement and legal indeterminacy

3. The essential contestability of normative concepts

4. The reasonableness of disagreement

5. The state of nature fiction

6. Disagreement as a source of coordination problems

7. Deliberative 'voting ethics'

8. Four arguments against compromising justice internally

9. Constitutional rights qua legislative precommitment

10. Participation and the paradox of democratic representation

11. Integrity : should the law speak with one voice?

12. Conflicts of constitutional rights : nature, typology and resolution

13. Coordination-based obligations to obey the law

14. Democracy, disagreement and disobedience.

Notes:

"A selection of the material of the larger Habilitation thesis ... submitted at the University of Bern, Switzerland, in March 2004 under the title: Reasonable disagreement and the law"--Page vii.

Includes bibliographical references (pages 539-590) and index.

Other Format:

Online version: Besson, Samantha, 1973- Morality of conflict.

ISBN:

1841134929

9781841134925

OCLC:

60371435

Publisher Number:

9781841134929