Open Advanced Search

Log in
Enterprise Plans
Free Trial

Log in
Free Trial
Enterprise Plans
Browse
Features
Pricing

DeepDyve

Advanced Search

show/hide query preview

With all of the words or DOIs:

DeepDyve's default query mode: search by keyword or DOI.

With the exact phrase:

Require these words, in this exact order. Do not surround your terms in double-quotes ("") in this field.

With at least one of the words:

Find any of these words, separated by spaces

Without the words:

Exclude each of these words, separated by spaces

With words in the article title:

Search for these terms only in the title of an article

Published between the years:

With the following authors:

Most effective as: LastName, First Name or Lastname, FN

With words in the journal name:

Search for articles published in journals where these words are in the journal name

Reset filters

Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

DeepDyve requires Javascript to function. Please enable Javascript on your browser to continue.

Law and Democracy in Neil MacCormick's Legal and Political Theory

Part of the Law and Philosophy Library Book Series (volume 93)

Editors: Menéndez, Agustín José; Fossum, John Erik

DOI: 10.1007/978-90-481-8942-7

ISBN: 978-90-481-8941-0

Publisher: Springer Netherlands - Springer Journals

Mar 2, 2011

1 - 10 of 13 Chapters

Available

The Cosmopolitan Local

Walker, Neil

Pages: 3 –14

[This chapter highlights the creative tension between the two sides of the oeuvre of MacCormick the intellectual and the person: the local and the cosmopolitan. Neil?s biography and convictions attracted him to the “in-between”, an orientation which helped shape and mould his intellectual...
Available

MacCormick on MacCormick

MacCormick, Neil

Pages: 17 –24

[Neil MacCormick reflects on the seven big themes of his legal and political theory: the normative character of the legal order, the institutional character of the legal order, the central but far from exclusive role played by state law in social integration, the relationship between law and...
Available

Juridification from Below: The Dynamics of MacCormick’s Institutional Theory of Law

Blichner, Lars Christian

Pages: 27 –53

[This chapter explores the claim that MacCormick’s theory is of special interest to social scientists, because he is one of the rare contemporary legal scholars who was keenly interested in exploring the limits of law as a means of social integration, and law’s relationship to other normative...
Available

Reform and Tradition: Changes and Continuities in Neil MacCormick’s Concept of Law

La Torre, Massimo

Pages: 55 –67

[La Torre considers the unfolding of D. Neil MacCormick’s legal theory by reference to the concept of law endorsed by the Scottish philosopher. La Torre claims that the legal theory of MacCormick is the true heir to the normative project underlying Hart’s legal theory, in the precise sense that...
Available

The Master Rule, Normativity, and the Institutional Theory of Law

Bertea, Stefano

Pages: 69 –91

[This chapter focuses on MacCormick’s contributions to legal theory on what concerns the identity and validity of legal systems, and, in particular, MacCormick’s master rule. While the Scottish professor started by building upon Hart’s characterisation of the distinction between primary and...
Available

Some Reflections on the Relationship Between Law and Morality – Neil MacCormick’s Point of View

Costerbosa, Marina Lalatta

Pages: 95 –106

[Marina Lalatta explores the systemic nature of MacCormick’s legal theory by focusing on the underlying tension between his claim to uphold a “moderate” relativism in moral questions, and his late acceptance of the existence of a systemic connection between law and morality, which comes close to...
Available

Legal Judgment and Moral Reservation

Waldron, Jeremy

Pages: 107 –131

[Jeremy Waldron takes issue with a core premise of MacCormick’s post-positivistic characterisation of the relationship between law and morality, namely his “reservation principle”, which reconciles the autonomy of law from morality with the claim that the case for integration through law as an...
Available

Are We Beyond Sovereignty? The Sovereignty of Processes and the Democratic Legitimacy of the European Union

Hitzel-Cassagnes, Tanja

Pages: 133 –155

[Tanja Hitzel-Cassagnes considers the extent to which MacCormick succeeds in constructing a synthetic theory of law and politics capable of accounting for the various transformations of law as a means of social integration in a “pluralistic” context without renouncing any of the key normative...
Available

Coherence and Post-sovereign Legal Argumentation

Carbonell, Flavia

Pages: 159 –182

[Carbonell engages with MacCormick’s theory of legal argumentation. Carbonell re-constructs, in a critical fashion, MacCormick’s concept of coherence in legal reasoning, and places it in the context of his theory of legal pluralism. The salience of the theory is determined by analysing the extent...
Available

Legal Pluralism in the European Union

Borowski, Martin

Pages: 185 –209

[This chapter finds that MacCormick’s theory of post-sovereignty represents the most sophisticated attempt to date to explain the “pluralistic” nature of Union law, overcoming the simple confrontation of the “European view” and the “national view” of the European Union, which has characterised...

results per page

Browse All eBooks

Features

Search and discover articles on DeepDyve, PubMed, and Google Scholar
Read the full-text of open access and premium content
Organize articles with folders and bookmarks
Collaborate on and share articles and folders

Info

Pricing
Enterprise Plans
Browse Journals & Topics
About DeepDyve

Help

Help
Publishers
Contact Us

Sign up for your 14-Day Free Trial Now!

Read and print from thousands of top scholarly journals.

System error. Please try again!

Continue with Facebook

By signing up, you agree to DeepDyve’s Terms of Service and Privacy Policy.

Already have an account? Log in

Save Article to Bookmarks

Bookmark this article. You can see your Bookmarks on your DeepDyve Library.

To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.

Subscribe to Journal Email Alerts

To subscribe to email alerts, please log in first, or sign up for a DeepDyve account if you don’t already have one.

Follow a Journal

To get new article updates from a journal on your personalized homepage, please log in first, or sign up for a DeepDyve account if you don’t already have one.

Our policy towards the use of cookies

All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.

cookie policy