This book presents a contemporary perspective on legal rights centred on the longstanding will theory–interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber.
The book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the 'institutional imagination': that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities – and ultimately supreme court judges – who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder.
The book also touches on whether the emerging perspective points towards a 'third way' beyond the traditional two theoretical approaches.
A major task of the study is the construction of an archetypal supreme court judge – personifying the 'institutional imagination' – fashioned, via Weberian sociology, from a critique of Ronald Dworkin's 'Herculean' judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.
- 248 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Legal Rights and the Institutional Imagination
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Subtopic
JurisprudenceIndex
LawTable of contents
- Cover
- Dedication
- Title Page
- Preface
- Acknowledgements
- Contents
- Table of Cases
- 1. Legal Rights and Contemporary Scholarship – The Antinomy of Interest Theory and Will Theory
- 2. Theories of Rights and Theories of Law
- 3. The Legal Right Constructed in the Judicial Consciousness
- 4. Hans Kelsen and the Gravitational Pull of Social Theory
- 5. HLA Hart and the Gravitational Pull of Social Theory
- 6. Towards a Defence of Hartian Will Theory
- 7. Ronald Dworkin’s ‘Herculean’ Approach to the Judicial Role
- 8. Constructing Iudex as an Ideal Type
- 9. Ontological Questions Around Legal Rights
- Bibliography
- Index
- Copyright Page
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Yes, you can access Legal Rights and the Institutional Imagination by Hamish Ross in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over 1.5 million books available in our catalogue for you to explore.