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Mandate of Dignity Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice

Cornell Drucilla Friedman Nick
Heftet / 2016 / Engelsk

Produktdetaljer

ISBN
9780823268115
Publisert
2016-02-01
Utgiver
Vendor
Fordham University Press
Høyde
229 mm
Bredde
152 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
152

Forfatter
Cornell Drucilla
Friedman Nick

Biographical note

Drucilla Cornell was Professor Emerita of Political Science, Comparative Literature, and Women’s and Gender Studies at Rutgers University; Professor Extraordinaire at the University of Pretoria, South Africa; and a visiting professor at Birkbeck College, University of London. With a background in philosophy, law, and grassroots mobilization, she played a central role in the organization of the memorable conferences on deconstruction and justice at the Benjamin N. Cardozo School of Law in 1989, 1990, and 1993. She was the author of The Philosophy of the Limit (1992), Feminism and Pornography (2000), and Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation (2014). She has also coedited several books: Feminism as Critique: On the Politics of Gender (1987), with Seyla Benhabib; and Hegel and Legal Theory (1991) and Deconstruction and the Possibility of Justice (1992), with David Gray Carlson and Michel Rosenfeld. She was part of a philosophical exchange with Seyla Benhabib, Judith Butler, and Nancy Fraser entitled Feminist Contentions (1995). In addition to her academic work, she wrote four produced plays.

Mandate of Dignity Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice

Cornell Drucilla Friedman Nick
Heftet / 2016 / Engelsk
Cornell Drucilla Friedman Nick
Heftet / 2016 / Engelsk
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"This pathbreaking work puts the revolutionary achievement of the South African Constitution and the interpretive work of the South African constitutional court in the illuminating perspective of the best theory of constitutional interpretation now available, the neo-Kantian theory of equal dignity of Ronald Dworkin. It shows clearly how the work of our best constitutional courts-the South African court among them-is now a common humane enterprise for the protection of universal human rights under the rule of law throughout the world." -- -David A.J. Richards New York University School of Law "The Mandate of Dignity is an ambitious undertaking that contributes importantly to ongoing debates within jurisprudence and political philosophy as well as more specific controversies regarding constitutional law and transitional justice in South Africa." -- -Morris Kaplan Purchase College, SUNY

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world’s most progressive constitutions. Despite Dworkin’s discomfort with that document’s enshrinement of “socioeconomic rights,” his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin’s work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin’s challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.
Les mer
This is the first book to review Ronald Dworkin’s entire body of work in its relevance to constitutional dispensations in the Global South.
Preface Introduction 1. Integrity to the Past 2. The Hegelian Conception of a Properly Constituted Community 3. Law's Empire In South Africa 4. The Quest for Unity of Value 5. Integrity to Dignity 6. Dignity in South African Law Conclusion Notes Index
Les mer
"This pathbreaking work puts the revolutionary achievement of the South African Constitution and the interpretive work of the South African constitutional court in the illuminating perspective of the best theory of constitutional interpretation now available, the neo-Kantian theory of equal dignity of Ronald Dworkin. It shows clearly how the work of our best constitutional courts-the South African court among them-is now a common humane enterprise for the protection of universal human rights under the rule of law throughout the world." -- -David A.J. Richards New York University School of Law "The Mandate of Dignity is an ambitious undertaking that contributes importantly to ongoing debates within jurisprudence and political philosophy as well as more specific controversies regarding constitutional law and transitional justice in South Africa." -- -Morris Kaplan Purchase College, SUNY
Les mer
This pathbreaking work puts the revolutionary achievement of the South African Constitution and the interpretive work of the South African constitutional court in the illuminating perspective of the best theory of constitutional interpretation now available, the neo-Kantian theory of equal dignity of Ronald Dworkin. It shows clearly how the work of our best constitutional courts—the South African court among them—is now a common humane enterprise for the protection of universal human rights under the rule of law throughout the world.---—David A.J. Richards, New York University School of Law
Les mer

Relaterte produkter

"This pathbreaking work puts the revolutionary achievement of the South African Constitution and the interpretive work of the South African constitutional court in the illuminating perspective of the best theory of constitutional interpretation now available, the neo-Kantian theory of equal dignity of Ronald Dworkin. It shows clearly how the work of our best constitutional courts-the South African court among them-is now a common humane enterprise for the protection of universal human rights under the rule of law throughout the world." -- -David A.J. Richards New York University School of Law "The Mandate of Dignity is an ambitious undertaking that contributes importantly to ongoing debates within jurisprudence and political philosophy as well as more specific controversies regarding constitutional law and transitional justice in South Africa." -- -Morris Kaplan Purchase College, SUNY

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world’s most progressive constitutions. Despite Dworkin’s discomfort with that document’s enshrinement of “socioeconomic rights,” his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin’s work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin’s challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.
Les mer
This is the first book to review Ronald Dworkin’s entire body of work in its relevance to constitutional dispensations in the Global South.
Preface Introduction 1. Integrity to the Past 2. The Hegelian Conception of a Properly Constituted Community 3. Law's Empire In South Africa 4. The Quest for Unity of Value 5. Integrity to Dignity 6. Dignity in South African Law Conclusion Notes Index
Les mer
"This pathbreaking work puts the revolutionary achievement of the South African Constitution and the interpretive work of the South African constitutional court in the illuminating perspective of the best theory of constitutional interpretation now available, the neo-Kantian theory of equal dignity of Ronald Dworkin. It shows clearly how the work of our best constitutional courts-the South African court among them-is now a common humane enterprise for the protection of universal human rights under the rule of law throughout the world." -- -David A.J. Richards New York University School of Law "The Mandate of Dignity is an ambitious undertaking that contributes importantly to ongoing debates within jurisprudence and political philosophy as well as more specific controversies regarding constitutional law and transitional justice in South Africa." -- -Morris Kaplan Purchase College, SUNY
Les mer
This pathbreaking work puts the revolutionary achievement of the South African Constitution and the interpretive work of the South African constitutional court in the illuminating perspective of the best theory of constitutional interpretation now available, the neo-Kantian theory of equal dignity of Ronald Dworkin. It shows clearly how the work of our best constitutional courts—the South African court among them—is now a common humane enterprise for the protection of universal human rights under the rule of law throughout the world.---—David A.J. Richards, New York University School of Law
Les mer

Produktdetaljer

ISBN
9780823268115
Publisert
2016-02-01
Utgiver
Vendor
Fordham University Press
Høyde
229 mm
Bredde
152 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
152

Forfatter
Cornell Drucilla
Friedman Nick

Biographical note

Drucilla Cornell was Professor Emerita of Political Science, Comparative Literature, and Women’s and Gender Studies at Rutgers University; Professor Extraordinaire at the University of Pretoria, South Africa; and a visiting professor at Birkbeck College, University of London. With a background in philosophy, law, and grassroots mobilization, she played a central role in the organization of the memorable conferences on deconstruction and justice at the Benjamin N. Cardozo School of Law in 1989, 1990, and 1993. She was the author of The Philosophy of the Limit (1992), Feminism and Pornography (2000), and Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation (2014). She has also coedited several books: Feminism as Critique: On the Politics of Gender (1987), with Seyla Benhabib; and Hegel and Legal Theory (1991) and Deconstruction and the Possibility of Justice (1992), with David Gray Carlson and Michel Rosenfeld. She was part of a philosophical exchange with Seyla Benhabib, Judith Butler, and Nancy Fraser entitled Feminist Contentions (1995). In addition to her academic work, she wrote four produced plays.

Relaterte produkter