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

Published May 12, 2011 1:48 PM - Last modified June 30, 2011 1:11 PM