New Faculty books explore nature of rights, legal philosophy
December 05, 2012
Two new books by Western Law professors debate the merits of proportionality and delve into a critical exploration of legal positivism.
Western Law professors Grant Huscroft and Professor Bradley Miller, along with London School of Economics professor Gregoire Webber are the editors of the new book Proportionality and the Rule of Law, Rights, Justification, Reasoning published by Cambridge University Press.
To speak of human rights in the twenty-first century is to speak of proportionality. It provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings.
This volume brings together many of the world's leading constitutional theorists – proponents and critics of proportionality – to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
Their essays provide important new perspectives on this leading doctrine in human rights law.
Western Law professor Margaret Martin’s new book, Judging Positivism, published by Hart Publishing, Oxford is a critical exploration of the method and substance of legal positivism.
The book explores the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process.
Judging Positivism primarily focuses on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account.
