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Philosophy and Constitutional Theory: The Cautionary Tale of Jeremy Waldron and the Philosopher's Stone

Murray, K.L.

Philosophy and Constitutional Theory: The Cautionary Tale of Jeremy Waldron and the Philosopher's Stone Thumbnail


Authors

K.L. Murray



Abstract

This article considers the relationship between moral philosophy and constitutional theory through a detailed examination of the work of Jeremy Waldron—an unavoidable voice in contemporary constitutionalist debate. Through a rigorous, original and holistic deconstruction of his work and its philosophical implications, I argue that Waldron’s engagement with core philosophy within his constitutional scholarship is wholly problematic, containing a number of ambiguities and apparent inconsistencies. These issues, I suggest, may stem from an at times rather casual treatment of the realist/anti-realist issue of core philosophy, perhaps owing something to his view that it is in fact safely irrelevant to his constitutional pursuits. In any case, this view, I argue, is misguided, and the problems which result are real: they not only create issues of theoretical consistency and clarity; they put Waldron’s constitutional theory in danger. Like all good tales, I suggest there are lessons to be learned from this: one must think, and think carefully, about the philosophical background of one’s work, and take care in setting this out in a clear, thorough and coherent way—the stakes are too high not to. With this in mind, this article also lays some groundwork for a path into constitutional theory firmly grounded in my own anti-realist moral scepticism.

Citation

Murray, K. (2019). Philosophy and Constitutional Theory: The Cautionary Tale of Jeremy Waldron and the Philosopher's Stone. Canadian Journal of Law and Jurisprudence, 32(1), 127-158. https://doi.org/10.1017/cjlj.2019.6

Journal Article Type Article
Acceptance Date Sep 4, 2018
Online Publication Date Feb 8, 2019
Publication Date Feb 1, 2019
Deposit Date Sep 6, 2018
Publicly Available Date Mar 29, 2024
Journal Canadian Journal of Law and Jurisprudence
Print ISSN 0841-8209
Electronic ISSN 2056-4260
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
Volume 32
Issue 1
Pages 127-158
DOI https://doi.org/10.1017/cjlj.2019.6

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Copyright Statement
This article has been published in a revised form in Canadian journal of law and jurisprudence https://doi.org/10.1017/cjlj.2019.6. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © Canadian Journal of Law and Jurisprudence 2019.




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