Morigiwa / Takikawa Judicial Minimalism – For and Against

Proceedings of the 9th Kobe Lectures. Tokyo, Nagoya, and Kyoto, June 2008
1. Auflage 2012
ISBN: 978-3-515-10293-3
Verlag: Franz Steiner
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, Band 132, 99 Seiten, E-Book-Text

Reihe: Archiv für Rechts- und Sozialphilosophie ? Beihefte

In his Kobe Lecture, Cass Sunstein reflects upon his judicial minimalism, a doctrine asserting that the proper role of the judiciary is to go "narrow and shallow," collectively making minimal changes to its jurisprudence. He goes "beyond judicial minimalism" by reflecting on the goal and conditions that make the minimalist strategy reasonable, culminating in the conclusion that there are situations when a different strategy is more efficient.

Ten commentators carefully examine Sunstein's legal theory, especially his arguments for and against judicial minimalism. Sunstein himself replies to the comments by appealing to the notion of fallibility. This e-book attempts to evaluate the pros and cons of judicial minimalism as an important strategy for legal interpretation.

Autoren/Hrsg.

Morigiwa, Yasutomo

Takikawa, Hirohide

Fachgebiete

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

Inhaltsverzeichnis

1;Table of Contents;6
2;Sunstein on Judicial Minimalism;8
3;The Ninth Kobe Lecture;12
3.1;Beyond Judicial Minimalism;14
4;Commentaries;36
4.1;Incompletely Theorised Rationale for Incompletely Theorised Agreements;38
4.2;Shallow Grounds for Shallow Judicial Decision: A Response to Sunstein;42
4.3;Is There Any Need for the Judges to Go Further?;46
4.4;Beyond Judicial Minimalism, And Then Where to Go?;52
4.5;Can minimalism make the judiciary and the legislature cooperate?;64
4.6;“Putt ing Judicial Minimalism into the Context of the American Constitutional Theory”;68
4.7;Responsibility of the Planner;74
4.8;“Libertarian Paternalism”;76
4.9;We, John Jones, Choose;82
4.10;Sunstein’s Theory for Modern Administrative State: A Potential of Republican Model of Judicial Review.;86
5;Reply;90
5.1;On Fallibility: A Reply;92
6;Notes on the Contributors;98

Über Autor(innen)

Takikawa, Hirohide
Hirohide Takikawa is professor of philosophy of law at the College of Law and Politics, Rikkyo University. He is a graduate and was a lecturer of the University of Tokyo. His area of specialization is in legal philosophy, and he is especially interested in problems of moral responsibility, political obligation, and global justice.

He is the winner of IVR (International Association of Philosophy of Law and Social Philosophy) Young Scholars Prize 2005.

Morigiwa, Yasutomo
Yasutomo Morigiwa is professor of philosophy of law at the Graduate School of Law, Nagoya University. He teaches legal theory, legal ethics and anti-corruption in English, as well as in Japanese. After beginning his career at the University of Tokyo, he worked on theories of law and language at Oxford with Profs. H. L. A. Hart, R. Dworkin, and J. Raz. He is now active in work on interpretation, and in promoting the practical import of legal philosophy explaining to the practicing jurist the nature of professional responsibility.

He was the Acting President of the IVR (International Association of Philosophy of Law and Social Philosophy) from 2009 to 2011, and a member of its Executive Committee since 2003. He is also a Director of IAOLE (International Association for Legal Ethics) and JALP (Japan Association of Legal Philosophy).

Yasutomo Morigiwa is professor of philosophy of law at the Graduate School of Law, Nagoya University. He teaches legal theory, legal ethics and anti-corruption in English, as well as in Japanese. After beginning his career at the University of Tokyo, he worked on theories of law and language at Oxford with Profs. H. L. A. Hart, R. Dworkin, and J. Raz. He is now active in work on interpretation, and in promoting the practical import of legal philosophy explaining to the practicing jurist the nature of professional responsibility.
He was the Acting President of the IVR (International Association of Philosophy of Law and Social Philosophy) from 2009 to 2011, and a member of its Executive Committee since 2003. He is also a Director of IAOLE (International Association for Legal Ethics) and JALP (Japan Association of Legal Philosophy).

Hirohide Takikawa is professor of philosophy of law at the College of Law and Politics, Rikkyo University. He is a graduate and was a lecturer of the University of Tokyo. His area of specialization is in legal philosophy, and he is especially interested in problems of moral responsibility, political obligation, and global justice.
He is the winner of IVR (International Association of Philosophy of Law and Social Philosophy) Young Scholars Prize 2005.