Full Description
This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law.
The chapters dig deep into important camps of Postema's rich theoretical project including:
- the value of the rule of law;
- the ideal of integrity in adjudication;
- his works on analogical reasoning;
- the methodology of jurisprudence;
- dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart.
The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.
Contents
Introduction
Thomas Bustamante, Federal University of Minas Gerais, Brazil and Thiago Lopes Decat, Federal University of Minas Gerais, Brazil
PART I
ON THE VALUE OF THE RULE OF LAW
1. Fidelity, Accountability and Trust: Tensions at the Heart of the Rule of Law
Gerald J Postema, University of North Carolina at Chapel Hill, USA
2. Equal Concern and Respect as the Foundation of Postema's Notion of the Rule of Law
Franklin M Dutra, Federal University of Minas Gerais, Brazil
PART II
LEGAL REASONING, INTEGRITY AND PROTESTANT INTERPRETATION
3. Postema's Account of Integrity
Barbara Baum Levenbook, North Carolina State University, USA
4. Revisiting the Idea of Protestant Interpretation: Towards Reconciliation between Dworkin and Postema
Thomas Bustamante, Federal University of Minas Gerais, Brazil
5. Postema, Dworkin, and the Question of Meaning
Dennis Patterson, Rutgers University, USA
6. Protestant Interpretation, Conventions, and Legal Truth
Brian H Bix, University of Minnesota, USA
PART III
ANALOGICAL REASONING IN LAW
7. Some Inferentialist Remarks on Postema's Conception of Analogical Thinking in Law
Thiago Lopes Decat, Federal University of Minas Gerais, Brazil
8. Postema on Analogies in Law
Fábio Perin Shecaira, Federal University of Rio de Janeiro, Brazil
PART IV
METHODOLOGY AND THE NATURE OF JURISPRUDENCE
9. Postema on Hart: The Illusion of Value-Neutrality
Margaret Martin, Western University, Canada
10. Analytic Jurisprudence in Time
Dan Priel, York University, Canada
11. How Postema's Jurisprudence as Sociable Science is Like Dworkin's Interpretivism: On Conceptual Analysis in Legal Theory
Saulo de Matos, Federal University of Pará, Brazil
PART V
POSTEMA'S ANALYSIS OF CONTEMPORARY LEGAL THEORIES
12. In Defence of a Thin Concept of Law
Andrea Faggion, State University of Londrina, Brazil
13. Philosophical and Psychological Distinctions between Presumptive Positivism and Rule-Sensitive Particularism
Guilherme da FCF de Almeida Pontifical Catholic University of Rio de Janeiro, Brazil and Noel Struchiner, Pontifical Catholic University of Rio de Janeiro, Brazil
14. Interview with Professor Gerald Postema
Thomas Bustamante, Federal University of Minas Gerais, Brazil, César Serbena, Federal University of Paraná, Brazil and Natalina Stamile, University of Bergamo, Italy
