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Titlebook: Law and Democracy in Neil MacCormick‘s Legal and Political Theory; The Post-Sovereign C Agustín José Menéndez,John Erik Fossum Book 2011 Sp

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楼主: 萌芽的心
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Some Reflections on the Relationship Between Law and Morality – Neil MacCormick’s Point of View” relativism in moral questions, and his late acceptance of the existence of a systemic connection between law and morality, which comes close to the “claim to correctness” theory of Robert Alexy. While she acknowledges that MacCormick’s reluctance to abandon a moderate relativistic position is not
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Legal Judgment and Moral Reservation his “reservation principle”, which reconciles the autonomy of law from morality with the claim that the case for integration through law as an autonomous social medium does not require individuals to abandon their own morality. Building on some of Hart’s intuitions on the “thin” intrinsic morality
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Are We Beyond Sovereignty? The Sovereignty of Processes and the Democratic Legitimacy of the Europeafor the various transformations of law as a means of social integration in a “pluralistic” context without renouncing any of the key normative categories of political philosophy inherited from the Enlightenment. MacCormick claims that there has always been a pluralistic potential cloaked behind, so
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Legal Pluralism in the European Unionof Union law, overcoming the simple confrontation of the “European view” and the “national view” of the European Union, which has characterised legal and political scholarship for decades. However, he finds that legal pluralism is not convincing, either as a general theory or as the basis of the re-
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From Constitutional Pluralism to a Pluralistic Constitution? Constitutional Synthesis as a MacCormicEuropean enigma” is de-coupled into two riddles, concerning the . of the European legal order (how what formally were international treaties could result in the establishment of a constitutional polity), and the . (how Community law is granted almost unconditional primacy in European constitutional
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MacCormick on MacCormick chapter both paints an overarching broad-brush picture of MacCormick’s theory, and reveals the intricate connections and links between the different parts, thus providing a very appealing introduction to the broad range of readers that will be inspired by his work
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