Law and Democracy in Neil MacCormick's Legal and Political Theory
Agustín José Menéndez and John Erik Fossum have edited the volume "Law and Democracy in Neil MacCormick's Legal and Political Theory. The Post-Sovereign Constellation" published with the Springer series Law and Philosophy Library.
About the book
This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing.
Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field.
Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices.
This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
Introduction; Agustín José Menéndez and John Erik Fossum.
Part I: A Life in Law and Politics
Chapter 1 The Cosmopolitan Local; Neil Walker
Part II: The Seven Big Themes in Maccormick’s Legal and Political Theory
Chapter 2 Maccormick on Maccormick; D. Neil Maccormick
Part III: The Limits of Law
Chapter 3 Juridification From Below: The Dynamics of Maccormick’s Institutional Theory of Law; Lars Christian Blichner
Chapter 4 Reform And Tradition: Changes And Continuities in Neil Maccormick’s Concept Of Law; Massimo La Torre
Chapter 5 The Master Rule, Normativity, and The Institutional Theory Of Law; Stefano Bertea
Part IV: Jurisprudence.- Chapter 6 Some Reflections on the Relationship between Law and Morality – Neil Maccormick’s Point Of View; Marina Lalatta Costerbosa
Chapter 7 Legal Judgment and Moral Reservation; Jeremy Waldron
Chapter 8 Are We Beyond Sovereignty? The Sovereignty of Processes and the Democratic Legitimacy Of The European Union; Tanja Hitzel-Cassagnes.
Part V: Legal Argumentation
Chapter 9 Coherence And Post-Sovereign Legal Argumentation; Flavia Carbonell
Part VI: The Constitution(S) of the European Union
Chapter 10 Legal Pluralism in the European Union; Martin Borowski
Chapter 11 From Constitutional Pluralism To A Pluralistic Constitution? Constitutional Synthesis as a Maccormickian Constitutional Theory of European Integration; Agustín José Menéndez
Part VII: Post-Sovereign Nationalism
Chapter 12 Nation-States Vs. Nation-Regions in The Post-Sovereign European Polity; Joxerramon Bengoetxea
Chapter 13 Nationalism, Patriotism and Diversity – Conceptualising The National Dimension In D. Neil Maccormick’s Post-Sovereign Constellation; John Erik Fossum