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The Mandate of Dignity: Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice (Paperback) (ISBN-13: 9780823268115)
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Drucilla Cornell
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Description
xA major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that document's enshrinement of "socioeconomic rights," his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy.
Beginning with a critical overview of Dworkin's work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin's challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.Author: Drucilla Cornell,Nick Friedman
ISBN-10: 082326811X
ISBN-13: 9780823268115
Publisher: Fordham University Press
Language: English
Published: 02/01/2016
Pages: 152
Format: Paperback
Weight: 0.55lbs
Size: 8.80h x 5.90w x 0.50d
By Drucilla Cornell
xDrucilla Cornell (Author)
Drucilla Cornell was Professor Emerita of Political Science, Comparative Literature, and Women's and Gender Studies at Rutgers University; Professor Extraordinaire at the University of Pretoria, South Africa; and a visiting professor at Birkbeck College, University of London. With a background in philosophy, law, and grassroots mobilization, she played a central role in the organization of the memorable conferences on deconstruction and justice at the Benjamin N. Cardozo School of Law in 1989, 1990, and 1993. She was the author of The Philosophy of the Limit (1992), Feminism and Pornography (2000), and Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation (2014). She has also coedited several books: Feminism as Critique: On the Politics of Gender (1987), with Seyla Benhabib; and Hegel and Legal Theory (1991) and Deconstruction and the Possibility of Justice (1992), with David Gray Carlson and Michel Rosenfeld. She was part of a philosophical exchange with Seyla Benhabib, Judith Butler, and Nancy Fraser entitled Feminist Contentions (1995). In addition to her academic work, she wrote four produced plays. Nick Friedman (Author)
Nick Friedman is a doctoral candidate in legal theory at Oxford University.
Drucilla Cornell was Professor Emerita of Political Science, Comparative Literature, and Women's and Gender Studies at Rutgers University; Professor Extraordinaire at the University of Pretoria, South Africa; and a visiting professor at Birkbeck College, University of London. With a background in philosophy, law, and grassroots mobilization, she played a central role in the organization of the memorable conferences on deconstruction and justice at the Benjamin N. Cardozo School of Law in 1989, 1990, and 1993. She was the author of The Philosophy of the Limit (1992), Feminism and Pornography (2000), and Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation (2014). She has also coedited several books: Feminism as Critique: On the Politics of Gender (1987), with Seyla Benhabib; and Hegel and Legal Theory (1991) and Deconstruction and the Possibility of Justice (1992), with David Gray Carlson and Michel Rosenfeld. She was part of a philosophical exchange with Seyla Benhabib, Judith Butler, and Nancy Fraser entitled Feminist Contentions (1995). In addition to her academic work, she wrote four produced plays. Nick Friedman (Author)
Nick Friedman is a doctoral candidate in legal theory at Oxford University.
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