Philosophy of law as an integral part of philosophy : essays on the jurisprudence of Gerald J. Postema

This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law. Table of Contents List of Contributors Introduction I. The Pursuit of a Sociable Jurisprudence II. Philosophical Jurisprudence and the Concept of Law III. Philosophical Jurisprudence Applied IV. A Note on Eliminativism and the Future of Legal Philosophy V. The Contents of the Book Part I: On the Value of the Rule of Law 1. Fidelity, Accountability and Trust: Tensions at the Heart of the Rule of Law I. Rule of Law: The Core IDEA II. Accountability Fit for the Rule of Law III. Trust and Distrust: Interpersonal Dimension IV. Response to the Trust Challenge V. Conclusion 2. Equal Concern and Respect as the Foundation of Postema's Notion of the Rule of Law I. Legality and Fidelity as Conditions for the Law to Rule II. Realms of Principles: Monism and Dualism III. Between Non-Domination and Equality IV. Concluding Remarks Part II: Legal Reasoning, Integrity and Protestant Interpretation 3. Postema's Account of Integrity I. Introduction II. Outline of the Argument for Integrity III. Terminology IV. What is Integrity? V. Deeper Links between Justice And Integrity VI. The Past: Link Between Integrity, Fidelity and Justice VII. Conclusion 4. Revisiting the Idea of Protestant Interpretation: Towards Reconciliation between Dworkin and Postema I. Postema's Worry About Protestant Interpretation II. A Dworkinian Response to Postema's Criticism III. Conclusion 5. Postema, Dworkin, and the Question of Meaning 6. Protestant Interpretation, Conventions, and Legal Truth I. Introduction II. Dworkin's 'Protestant Interpretation' III. Conventions, Reasons for Action and Legal Truth IV. Conclusion Part III: Analogical Reasoning in Law 7. Some Inferentialist Remarks on Postema's Conception of Analogical Thinking in Law I. Traces of an Inferentialist Theoretical Framework in Postema's Two-Level Conception of Analogical Reasoning in Law II. Regulism, Infinite Regress and Fundamental Pragmatism III. Making Postema's INFERENTIALISM Explicit IV. Material Inferences and the Expressive Function of Logical Vocabulary: Explaining 'Contrast', 'Consilience', 'Frame' and the Argumentative Nature of Analogical Reasoning V. Norms Implicit in Practices and Norms Explicit as Rules: Distinguishing Two Levels of Analogical Reasoning VI. The Historic-Expressive Rationality of Social Practices as the Rationale for a one-Level Conception of Analogical Reasoning 8. Postema on Analogies in Law I. Claims and Reasons II. Thinking, Argument and Justification III. Postema on Analogical Thinking in Law Part IV: Methodology and the Nature of Jurisprudence 9. Postema on Hart: The Illusion of Value-Neutrality I. The Illusion of Value-Neutrality II. From the 'Bad Man' to the 'Victim': Locating Law's Normative Authority 10. Analytic Jurisprudence in Time I. Introduction II. Jurisprudence as a Progressive Science III. Jurisprudence as Interpretation of a Social Practice IV. Reconciliation? V. Three Challenges to Timeless Jurisprudence VI. Conclusion 11. How Postema’s Jurisprudence as Sociable Science is Like Dworkin’s Interpretivism: On Conceptual Analysis in Legal Theory I. Introduction: Postema’s Jurisprudence as Sociable Science II. The Dispute of Method in Analytical Jurisprudence III. Postema’s and Dworkin’s Projects for Jurisprudence IV. Final Comments Part V: Postema’s Analysis of Contemporary Legal Theories 12. In Defence of a Thin Concept of Law I. Introduction II. The Hartian Concept of Legal Obligation III. The Conventionalist Approach to Normativity IV. The Normativity of Law 13. Philosophical and Psychological Distinctions between Presumptive Positivism and Rule-Sensitive Particularism I. Introduction II. Models of Judicial Decision Making III. Postema's Critique IV. Definitional Issues V. Psychological Models of Moral Decision Making VI. The Psychology of Judicial Decision Making VII. Extensional Divergence and Psychological Models VIII. Extensional Divergence and Human Behaviour IX. Conclusion 14. Interview with Professor Gerald Postema Index Fidelity, accountability and trust : tensions at the heart of the rule of law / Gerald J Postema -- Equal concern and respect as the foundation of Postema's notion of the rule of law / Franklin M Dutra -- Postema's account of integrity / Barbara Baum Levenbook -- Revisiting the idea of protestant interpretation : towards reconciliation between Dworkin and Postema / Thomas Bustamante -- Postema, Dworkin, and the question of meaning / Dennis Patterson -- Protestant interpretation, conventions, and legal truth / Brian Bix -- Some inferentialist remarks on Postema's conception of analogical thinking in law / Thiago Lopes Decat -- Postema on analogies in law / Fábio Perin Shecaira -- Postema on Hart : the illusion of value-neutrality / Margaret Martin -- Analytic jurisprudence in time / Dan Priel -- How Postema's jurisprudence as sociable science is like Dworkin's interpretivism : on conceptual analysis in legal theory / Saulo MM de Matos -- In defence of a thin concept of law / Andrea Faggion -- Philosophical and psychological distinctions between presumptive positivism and rule-sensitive particularism / Guilherme da FCF de Almeida and Noel Struchiner -- Interview with Professor Gerald Postema / Thomas Bustmante, César Serbena and Natalina Stamile "This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. It includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law"-- Provided by publisher