K.L. Murray
Philosophy and Constitutional Theory: The Cautionary Tale of Jeremy Waldron and the Philosopher's Stone
Murray, K.L.
Authors
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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