BUSTAMANTE, T. / / PAVLAKOS, G. / / MARTIN, M.
Table of Contents
Part One: Metaphysics and Interpretive Jurisprudence
1. Fish Versus Dworkin: Sound and Fury, But
?
Lawrence Alexander (University of San Diego, USA)
2. Still Wrong After All These Years
Dennis Patterson (Rutgers University, USA)
3. Reasoning Within and About (Legal) Practices
Brian Bix (University of Minnesota, USA)
4. Almost Naturalism: The Jurisprudence of Ronald Dworkin
Dan Priel (York University, Canada)
Part Two: Theory and Practice
5. Clash of the Titans: Hercules vs. Dennis Martinez (Reflections on the Fish-Dworkin Debate)
Charles Barzun (University of Virginia, USA)
6. Who Needs Legal Theory?
Jeremy Waldron (New York University, USA)
7. Judicious Idealism as the Practice of Judges: Revisiting Dennis Martinez and the Uses of Theory
Maria Cahill and Patrick OCallaghan (both at University College Cork, Ireland)
8. A Matter of Practice: Fish, Dworkin, and the Limits of Discipline
Nicole Roughan and Jesse Wall (both at University of Auckland, New Zealand)
Part III. Law as an Interpretive Social Practice
9. Law, Morality and Interpretation
TRS Allan (University of Cambridge, UK)
10. Can There Be an Objective Interpretation?
Thomas Bustamante and Thiago Lopes Decat (both at Federal University of Minas Gerais, Brazil)
11. Interpretation: Misplaced, Misused and Misunderstood
Barbara Baum Levenbook (North Carolina State University, USA)
Part IV. Integrity in Context
12. Interpreting Foreign Law
Roxana Banu (Queen Mary University of London, UK)
13. Fish, Dworkin, and Radically Defective Constitutions
Sanford Levinson (University of Texas, USA)
14. The Problem of Amoral Integrity
Lars Vinx (University of Cambridge, UK)
Part V. Theories of Value and Valuable Aspects of Law
15. Laws Celestial Music
NE Simmonds (University of Cambridge, UK)
16. Tradition and Translation in Legal Interpretation
Jeffrey Pojanowski (University of Notre Dame, USA)
17. Doing it Naturally
Margaret Martin (Western University, Canada)
18. Social, Moral or Ameliorative? Understanding Constraints on Legal Interpretation
Natalie Stoljar (McGill University, Canada)
Part VI. Fishs Response
19. A Reply to Book Contributors
Stanley Fish (Florida International University, USA)
This book considers the seminal debate in contemporary jurisprudence, between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law.
The book encompasses 5 key themes of the debate, which led to some of the most intriguing aspects of Ronald Dworkin's legal and political philosophy - notably his interpretive theory of law and his account of moral objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish.
Firstly the collection considers the debate in the context of metaphysics and interpretative justice. It goes on to look at the exchange through the prism of theory and practice before focusing on law as interpretative social practice, integrity in context, and theories of value and valuable aspects of law. Stanley Fish concludes the collection with a response to the contributors.
