Constituting Law

1. Auflage 2011
ISBN: 978-1-86287-830-3
Verlag: Federation Press

Buch, Englisch, 356 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 670 g

Legal argument involves a search for reasons which resonate.

These reasons are often derived from various sources other than domestic legal principles, sources which include history, morality, economics, philosophy, psychology, human rights discourse and international legal or commercial thought and practice. An advocate may be required to marshal these principles in order to argue a case successfully; similarly a judge in order to decide a case.

This edited collection provides a point of departure as to the possibilities, applications and limitations of these principles that bear upon legal reasoning but do not derive from legal premises.

It interrogates issues such as:

Why, to what extent, and in what ways is it appropriate for the domestic legal system to incorporate and assimilate extra-legal and international principles?

To the extent that such incorporation is inevitable, is this a function of the demands of globalization and the convergence it entails, of the maturity and pervasiveness in society of other disciplines, or of a more profound aspect of the character of legal reasoning?

Must domestic legal system look outwards through the eyes of Adam Smith an impartial spectator to prosper from the wisdom of distant judgments and to avoid the evils of parochialism?

Which, if any, parts of our legal system should be particularly open to such influences?

What modes of reasoning best facilitate the conduct of such a dialogue?

The authors include senior members of the judiciary: the Hon Justices WMC Gummow AC, JD Heydon AC, John Basten and AR Emmett, the Hon Ian Callinan AC QC and the Hon James Spigelman AC; senior academics, including Professor Gillian Triggs and Professor Emeritus Wilfrid Prest; the Hon Malcolm Turnbull MP, and members of the New South Wales bar.

Autoren/Hrsg.

Gleeson, Justin

Higgins, Ruth

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre

Inhaltsverzeichnis

Part 1: Law and Moral Values, Part 2: Law and History, Part 3: Law and the Uses of Expertise, Part 4: Law, Economics and Regulation, Part 5: Law and International Thought, Part 6: Law and International Commerce, Part 7: Law, Justice and Human Rights

Über Autor(innen)

Gleeson, Justin
Justin T. Gleeson SC was admitted to the New South Wales Bar in 1989, having previously worked as a solicitor for 4 years at Freehill, Hollingdale & Page. He graduated from Sydney University with a BA/LLB First Class Honours, winning the University Medal in 1983, and with a BCL from Oxford in 1985. He took silk in 2000.

He was editor of Bar News between 2000 and 2004. While in full time practice at the bar, specialising in areas of appellate, constitutional and commercial law, he has retained an interest in Roman Law, the classics, history and philosophy. His publications include, 'The Anti-Suit Injunction' (1997) 71 ALJ 995 (co-authored with Dr AS Bell) and 'Administrative Law Meets the Regulatory Agencies Tournament of the Incompatible' (2005) 46 AIAL Forum 28.

Higgins, Ruth
Ruth C. A. Higgins was admitted to the New South Wales Bar in 2006, having practised at Gilbert + Tobin in Sydney and Slaughter & May in London. She graduated with first class honours in law from Glasgow University in 1995, as joint winner of the Dr John MacCormick Prize for the Most Distinguished Graduate in Law, and winner of the Bennet Miller Prize for Private Law.

Between 1996 and 2000, she undertook her DPhil at Balliol College, Oxford, on a Snell Scholarship. During this period, she held a lectureship in law at Corpus Christi College, tutoring in Jurisprudence, Contract, Tort and Introduction to Laws, and spent time as a visiting scholar at Columbia University, New York.

Her publications include The Moral Limits of Law: Obedience, Respect, and Legitimacy (Oxford and New York: Oxford University Press, 2004).

She is a member of the Bar Council of New South Wales and the Australian Section of the International Association for Philosophy of Law and Social Philosophy.

Justin T. Gleeson SC was admitted to the New South Wales Bar in 1989, having previously worked as a solicitor for 4 years at Freehill, Hollingdale & Page. He graduated from Sydney University with a BA/LLB First Class Honours, winning the University Medal in 1983, and with a BCL from Oxford in 1985. He took silk in 2000.

He was editor of Bar News between 2000 and 2004. While in full time practice at the bar, specialising in areas of appellate, constitutional and commercial law, he has retained an interest in Roman Law, the classics, history and philosophy. His publications include, 'The Anti-Suit Injunction' (1997) 71 ALJ 995 (co-authored with Dr AS Bell) and 'Administrative Law Meets the Regulatory Agencies Tournament of the Incompatible' (2005) 46 AIAL Forum 28.

Ruth C. A. Higgins was admitted to the New South Wales Bar in 2006, having practised at Gilbert + Tobin in Sydney and Slaughter & May in London. She graduated with first class honours in law from Glasgow University in 1995, as joint winner of the Dr John MacCormick Prize for the Most Distinguished Graduate in Law, and winner of the Bennet Miller Prize for Private Law.

Between 1996 and 2000, she undertook her Dphil at Balliol College, Oxford, on a Snell Scholarship. During this period, she held a lectureship in law at Corpus Christi College, tutoring in Jurisprudence, Contract, Tort and Introduction to Laws, and spent time as a visiting scholar at Columbia University, New York.

Her publications include The Moral Limits of Law: Obedience, Respect, and Legitimacy (Oxford and New York: Oxford University Press, 2004).

She is a member of the Bar Council of New South Wales and the Australian Section of the International Association for Philosophy of Law and Social Philosophy.