Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.Read moreRead less
The Foundation, Role, and Design of Democracy. Democracy now reigns unchallenged as the master ideal in contemporary societies, western and non-western, developed and developing. But what is democracy, what is its essential role, and by what institutions can that role be best played in the changing circumstances of local, national and international life? This project develops a unified theory of the foundation, role and design of democratic institutions. By establishing a permanent international ....The Foundation, Role, and Design of Democracy. Democracy now reigns unchallenged as the master ideal in contemporary societies, western and non-western, developed and developing. But what is democracy, what is its essential role, and by what institutions can that role be best played in the changing circumstances of local, national and international life? This project develops a unified theory of the foundation, role and design of democratic institutions. By establishing a permanent international research centre focused on these vital questions, it will address theoretical and practical issues of great importance to all contemporary communities, and give Australia a new and on-going voice in crucial international debates.Read moreRead less