Hostname: page-component-8448b6f56d-qsmjn Total loading time: 0 Render date: 2024-04-18T20:53:16.679Z Has data issue: false hasContentIssue false
  • English
  • Français

Law as Integrity and Law as Identity: Legal Reasoning, State Intervention, and Public Policies

Published online by Cambridge University Press:  06 March 2019

Marcos Vinício Chein Feres

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

Taking both ordinary regulations and constitutional principles in account, is state intervention in the market through public policies legitimate? The legitimate use of public policies, as far as state intervention is concerned, will be analyzed taking into consideration legal procedures and the necessary legal interpretation. Methodologically, the theoretical object of this research is to conciliate the idea of law as integrity, developed by Dworkin, with the idea of law as identity, complemented by Taylor's idea of identity and Bankowski's idea of living lawfully. In fact, the methodological approach consists of reconstructing a system of analytical concepts based on a moral reading of legal rules and constitutional principles rooted within contemporary legal theory. The final object is to figure out new means of interpreting legal economic regulations and finding new ground for the legitimate evaluation of public policies.

Type
Part A: Political Theory and Constitutional Reasoning
Information
German Law Journal , Volume 14 , Issue 8: Special Issue - Constitutional Reasoning , 01 August 2013 , pp. 1147 - 1162
Copyright
Copyright © 2013 by German Law Journal GbR 

References

1 Dworkin, Ronald M., Law's Empire 230 (1986) (according to Dworkin, the dimension of fit consists of settling for an interpretation “that captures most of the text, conceding that it is not wholly successful”; in fact, it may be a type of “general explanatory power.”).Google Scholar

2 Taylor, Charles, Sources of the Self: The Making of the Modern Identity (1989).Google Scholar

3 See Bankowski, Zenon, Living Lawfully: Love in Law and Law in Love (2001).Google Scholar

4 Id. at 22.Google Scholar

5 See, e.g., Scott Hershovitz, Exploring Law's Empire: The Jurisprudence of Ronald Dworkin v-vii (2006); Dworkin, Ronald, Dworkin and His Critics with Replies by Dworkin xiii-xxiii (Justine Burley ed., 2005).Google Scholar

6 Dworkin, , supra note 1, passim. Google Scholar

7 See Dworkin, Ronald, Taking Rights Seriously (1977).Google Scholar

8 Dworkin, , supra note 1, at 167–75.Google Scholar

9 Id. at 255.Google Scholar

10 Id. at 188, 225–28.Google Scholar

11 Dworkin, Ronald M., Justice in Robes 34 (2006).Google Scholar

12 Dworkin, , supra note 1, at 172.Google Scholar

13 Id. at 213.Google Scholar

14 Bankowski, , supra note 3, at 186–90.Google Scholar

15 Dworkin, , supra note 1, at 225.Google Scholar

16 Id. at 230.Google Scholar

17 Id. at 229–32.Google Scholar

18 Taylor, , supra note 2, at 14.Google Scholar

19 Id. at 36.Google Scholar

20 Charles Taylor, Human Agency and Language: Philosophical Papers Volume I 34 (1985).CrossRefGoogle Scholar

21 Taylor, , supra note 2, at 14.Google Scholar

22 See Dworkin, , supra note 1.Google Scholar

23 Id. at 413.Google Scholar

24 University of Edinburgh School of Law, Academic Staff: Zenon Bankowski, http://www.law.ed.ac.uk/staff/zenonbankowski_21.aspx (last visited June 8, 2013).Google Scholar

25 Id. Google Scholar

26 Id. Google Scholar

27 Id. Google Scholar

28 Bankowski, , supra note 3, at 9.Google Scholar

29 Id. at 189–90.Google Scholar

30 Id. at 76–77.Google Scholar

31 Id. at 166.Google Scholar

32 Id. at 48.Google Scholar

33 Id. at 59.Google Scholar

34 Bankowski, , supra note 3, at 99–101.Google Scholar

35 Id. at 177.Google Scholar

36 Id. at 174–80.Google Scholar

37 Id. at 99 (quoting Luke 10:27).Google Scholar

38 Id. at 174–80.Google Scholar

39 Id. at 204–05.Google Scholar

40 Bankowski, , supra note 3, at 101.Google Scholar

41 Id. at 108.Google Scholar

42 Id. at 180–84.Google Scholar

43 Id. at 189–190.Google Scholar

44 The term is extracted from Jürgen Habermas, The Theory of Communicative Action, Volume 1: Reason and the Rationalization of Society (Thomas McCarthy trans., 1985); see also Jürgen Habermas, The Theory of Communicative Action Volume 2: Lifeworld and System: A Critique of Functionalist Reason (Thomas McCarthy trans., 1987).Google Scholar

45 Bankowski, , supra note 3, at 101.Google Scholar

46 Hart, Herbert L. A., The Concept of Law 79–99 (3d ed. 2012).Google Scholar

47 Bankowski, , supra note 3, at 43–59.Google Scholar

48 Weinberger, Ota, Law, Institution and Legal Politics: Fundamental Problems of Legal Theory and Social Philosophy 21 (1991).Google Scholar

49 Bankowski, , supra note 3, at 113.Google Scholar