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Philosophy and constitutional theory : the cautionary tale of Jeremy Waldron and the Philosopher's Stone.

Murray, K.L. (2019) 'Philosophy and constitutional theory : the cautionary tale of Jeremy Waldron and the Philosopher's Stone.', Canadian journal of law and jurisprudence., 32 (1). pp. 127-158.

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.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1017/cjlj.2019.6
Publisher 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.
Date accepted:04 September 2018
Date deposited:07 September 2018
Date of first online publication:08 February 2019
Date first made open access:07 September 2018

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