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Law, Morality and Judicial Reasoning: Essays on WJ Waluchow’s Jurisprudence and Constitutional Theory (edited book)Springer. 2024.This book provides a critical outlook on, and an inquiry into the practical implications of, the works of Professor W.J. Waluchow, one of the most important jurisprudence scholars of the early twenty-first century, while also reflecting on the interconnections between his legal theory and his theory of constitutional interpretation. It also features an interview with Waluchow, in which he responds to some of the chapters and shares a first-person perspective on his main philosophical ideas, how …Read more
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IntroductionIn Thomas da Rosa de Bustamante & Oche Onazi (eds.), Global harmony and the rule of law: proceedings of the 24th World Congress of the International Association for Philosophy of Law and Social Philosophy, Beijing, 2009, Nomos. 2012.
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Law, Morality and Judicial Reasoning: Essays on W.J. Waluchow's Jurisprudence and Constitutional Theory (edited book)Springer. 2024.This book provides a critical outlook on, and an inquiry into the practical implications of, the works of Professor W.J. Waluchow, one of the most important jurisprudence scholars of the early twenty-first century, while also reflecting on the interconnections between his legal theory and his theory of constitutional interpretation. It also features an interview with Waluchow, in which he responds to some of the chapters and shares a first-person perspective on his main philosophical ideas, how …Read more
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6Law, Moral Facts and Interpretation: A Dworkinian Response to Mark Greenberg’s Moral Impact Theory of LawCanadian Journal of Law and Jurisprudence 32 (1): 5-43. 2019.Ronald Dworkin’s philosophy of law, in its mature version, is grounded in at least two central claims: first, a thesis about law and morality, which we might call the One-System Thesis; second, a thesis about how moral and legal propositions can be said to be true or false, which we might call the Interpretive Thesis. While the One-System Thesis holds that law and morality form a single system, the Interpretive Thesis makes two distinct claims: first, truth of interpretive propositions—such as m…Read more
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Revisiting the idea of protestant interpretation : towards reconciliation between Dworkin and PostemaIn Thomas da Rosa de Bustamante & Thiago Lopes Decat (eds.), Philosophy of law as an integral part of philosophy: essays on the jurisprudence of Gerald J. Postema, Hart Publishing, an Imprint of Bloomsbury Publishing. 2020.
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11Philosophy of law as an integral part of philosophy: essays on the jurisprudence of Gerald J. Postema (edited book)Hart Publishing, an imprint of Bloomsbury Publishing. 2020.This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA …Read more
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Why do legal philosophers (perhaps correctly) insist on moral objectivity while dismissing metaethical inquiry?In Gonzalo Villa Rosas & Jorge Luis Fabra-Zamora (eds.), Objectivity in jurisprudence, legal interpretation and practical reasoning, Edward Elgar Publishing. 2022.
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Interview with Professor Stanley FishIn Thomas da Rosa de Bustamante & Margaret Martin (eds.), New essays on the Fish-Dworkin debate, Hart Publishing, an Imprint of Bloomsbury Publishing. 2023.
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Fish versus Dworkin : a comparison between two versions of legal pragmatismIn Thomas da Rosa de Bustamante & Margaret Martin (eds.), New essays on the Fish-Dworkin debate, Hart Publishing, an Imprint of Bloomsbury Publishing. 2023.
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14New essays on the Fish-Dworkin debate (edited book)Hart Publishing, An Imprint of Bloomsbury Publishing. 2023.This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive com…Read more
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14The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understa…Read more
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56Argument Types and Fallacies in Legal Argumentation (edited book)Imprint: Springer. 2015.This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To e…Read more
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6Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism (edited book)Imprint: Springer. 2016.This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on "weak judicial review". Although different in…Read more
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18Can Raz’s Pre-Emption Thesis Survive under a Dworkinian Theory of Law and Adjudication?Isonomía. Revista de Teoría y Filosofía Del Derecho 55. 2022.¿Puede la tesis del reemplazo de Raz sobrevivir en el contexto de una teoría dworkiniana del derecho y de la adjudicación? Judging Positivism, de Margaret Martin, fornece una de las mejores reconstrucciones y una de las más interesantes críticas ya planteadas contra la influyente filosofía del derecho de Joseph Raz. En uno de los pasos centrales de su argumento, Martin desafía una sumisión central de Raz, que es el intento de combinar la tesis del reemplazo con la tesis de la justificación norma…Read more
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19Book Symposium on Margaret Martin’s "Judging Positivism": IntroductionIsonomía. Revista de Teoría y Filosofía Del Derecho 55. 2022.Introducción Esta introducción fornece una visión general del Book Symposium sobre el libro Judging Positivism, de Margaret Martin, con contribuciones de André Coelho, Thomas Bustamante y Jorge Fabra-Zamora, así como una respuesta analítica de Margaret Martin.
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25Between unity and incommensurability: Dworkin and Raz on moral and ethical valuesJurisprudence 13 (2): 169-193. 2021.Dworkin and Raz reject moral skepticism and offer holistic and non-derivative defenses of the objectivity of value. Furthermore, they acknowledge a role for social practices in the explanation of t...
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36Freedom Without Responsibility: the Promise of Bolsonaro’s COVID-19 DenialJus Cogens 3 (2): 181-207. 2021.Jair Bolsonaro, the current President of Brazil, has made himself into one of the most influent advocates of COVID-19 denial. His health policy and his political doctrine are partly based on an implicit moral claim, which is neglected by contemporary political theory. Bolsonarism’s rhetoric raises a moral claim to freedom without responsibility, which relieves its followers from the burdens that emerge from liberal accounts of liberty or from basic goods accepted in a political community. In opp…Read more
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8Legal Philosophy in the CourtroomProceedings of the XXIII World Congress of Philosophy 54 25-30. 2018.The paper examines the challenge that Ronald Dworkin poses to positivism when he asserts that legal discourse often comprises theoretical disagreements about the foundations of law, as well as Scott Shapiro’s answer that these disagreements, although legitimate, can be reconstructed as meta-interpretive disagreements about the proper interpretation of the legal system. Though Shapiro’s answer is partly correct, if we distinguish between ‘conceptual’ and ‘meta-interpretive’ theoretical disagreeme…Read more
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29Is Kyritsis’ Interpretive Reply to Positivism Sufficiently Interpretive? An Observation on Shared AuthorityJurisprudence 8 (3): 641-652. 2017.
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Anti-Theoretical Claims About Legal Interpretation: The Argument Behind the FallacyIn Christian Dahlman & Thomas Bustamante (eds.), Argument Types and Fallacies in Legal Argumentation, Imprint: Springer. 2015.
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27Interpreting Plans: A Critical View of Scott Shapiro's Planning Theory of LawAustralian Journal of Legal Philosophy 37 219-250. 2012.