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Law and Democracy in Neil MacCormick's Legal and Political Theory

The Post-Sovereign Constellation

  • Agustín José Menéndez
  • John Erik Fossum

Part of the Law and Philosophy Library book series (LAPS, volume 93)

Table of contents

  1. Front Matter
    Pages i-xxii
  2. A Life in Law and Politics

    1. Front Matter
      Pages 1-1
    2. Neil Walker
      Pages 3-14
  3. The Seven Big Themes in MacCormick’s Legal and Political Theory

    1. Front Matter
      Pages 15-15
    2. Neil MacCormick
      Pages 17-24
  4. The Limits of Law

  5. Jurisprudence

  6. Legal Argumentation

    1. Front Matter
      Pages 157-157
    2. Flavia Carbonell
      Pages 159-182
  7. The Constitution(s) of the European Union

  8. Post-sovereign Nationalism

  9. Back Matter
    Pages 287-295

About this book

Introduction

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing.  Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field.

Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

Keywords

Character of Law Concepts of Law Constiitutional Law Constitution Constitutional Treaty Constitutionalism Cosmopolitanism Critical Reconstruction Democracy Democratic Theory Dworkin EU Law European Constitutional Law European Integration European Parliament European Union Law Federalism Hart Institutional Theory of Law Juridification Jurisprundence Kelsen Law and Morality Legal Pluralism Legal Reasoning Legal Social Practicecs Legal Theorists Legal Theory Liberal Nationalist Lisbon Treaty MacCormick Monolithic Nation-state Nationalism Neil D. MacCormick Philosophy of Law Pluralism Political Philosophy Political Theorists Political Theory Scottish Philosopher Social Integration Sovereignty Theory of Law

Editors and affiliations

  • Agustín José Menéndez
    • 1
  • John Erik Fossum
    • 2
  1. 1.Fac. DerechoUniversidad de LeónMadridSpain
  2. 2.Arena-Center for European StudiesUniversity of OsloOsloNorway

Bibliographic information