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Judicial Review in an Objective Legal System
Judicial Review in an Objective Legal System
Paperback - English

How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of Originalism, Living Constitutionalism, and Minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.

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ADDITIONAL INFO

ISBN
110753495X
EAN
9781107534957
Publisher
Publication Date
28 Sep 2015
Pages
302
Weight (kg)
0.39
Dimensions (cm)
22.6 x 15.0 x 2.3
About Author
Tara Smith is Professor of philosophy at the University of Texas, Austin. She is the author of Moral Rights and Political Freedom and Viable Values: A Study of Life as the Root and Reward of Morality, and has contributed to such journals as The Journal of Philosophy, American Philosophical Quarterly, Social Philosophy and Policy, and Law and Philosophy.
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