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The Morality of Conflict : Reasonable Disagreement and the Law - Samantha Besson

The Morality of Conflict

Reasonable Disagreement and the Law

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This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts, it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.

Industry Reviews

Besson has written a massive and hugely ambitious book. Jonathan Quong Political Studies Review, Vol 5, No 1 Jan 07

The notion and types of disagreementp. 19
The sources of disagreement and legal indeterminacyp. 47
The essential contestability of normative conceptsp. 69
The reasonableness of disagreementp. 91
The state of nature fictionp. 123
Disagreement as a source of coordination problemsp. 161
Deliberative 'voting ethics'p. 209
Four arguments against compromising justice internallyp. 257
Constitutional rights qua legislative precommitmentp. 287
Participation and the paradox of democratic representationp. 339
Integrity : should the law speak with one voice?p. 375
Conflicts of constitutional rights : nature, typology and resolutionp. 419
Coordination-based obligations to obey the lawp. 459
Democracy, disagreement and disobediencep. 503
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134925
ISBN-10: 1841134929
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 624
Published: 25th November 2005
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 3.3
Weight (kg): 1.03
Edition Number: 1