First published in 2000. Applying the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice, this collection offers Morawetz' most important and influential essays, together with an introductory essay.
This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection aims to offer his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.
Part I: Essays in Analytical Jurisprudence. 1. The Rules of Law and the Point of Law: University of Pennsylvania Law Review, 121, 1973, pp. 859-873. 2. The Concept of a Practice: Philosophical Studies, 24, Kluwer Academic Publishers, 1973, pp. 209-226. 3. Understanding, Disagreement and Conceptual Change, Philosophy and Phenomenonological Research, 41, 1980, pp. 46-63. 4. A Utilitarian Theory of Judicial Decision, Arizona State Law Journal, 1979, pp. 339-365. 5. The Epistemology of Judging: Wittgenstein and Deliberative Practices: Canadian Journal of Law and Jurisprudence, 3, 1990, pp. 35-59. 6. Understanding Disagreement, the Root Issue of Jurisprudence, University of Pennsylvania Law Review, 141, 1992, pp. 371-456. 7. Law as Experience: The Internal Aspet of Law SMU Law Review, 52, SMU Law Review Association, 1999, pp. 27-66. Part II: Essays on Liberalism. 8. Persons Without History: Liberal Theory and Human Nature: Boston University Law Review, 66, 1986, pp. 1013-1037. 9. Liberalism and the New Skeptics: In Harm's Way: Essays in Honor of Joel Feinberg, ed. J. L. Coleman and A. Buchanan, Cambridge University Press, 1994, pp. 122-138. Part III: Essays on Criminal Responsibility. 10. Retributivism and Justice: Connecticut Law Review, 16, 1984, pp. 803-820. 11. Reconstructing the Criminal Defenses: The Significance of Justification, The Journal of Criminal Law and Criminology, 77, 1986, pp. 277-307.