Full Description
This title was first published in 2000straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book demonstrates how constitutional judgements rely upon unarticulated political commitments. Decisions do not rely just on the formal sources of law, but also unacknowledged political morality as part of the nature of law itself. Examining this link will enable lawyers to understand how the criteria of political moral arguments affect and are affected by, legal arguments. This interaction between law and morality allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.
Contents
Contentsjustice; Going back to basic norm(s); Political argument: intersubjectivism; The politics of equality; The private is political; The two Romes; Constitutional justice and post-positivist legal systems; Final thoughts; Bibliography; Case references; Index.
