New Book: Law and Democracy in Neil MacCormick’s Legal and Political Theory

A new volume edited by Agustín José Menéndez and John Erik Fossum pays homage to Neil MacCormick and his legal and political philosophy. The contributors critically engage with the concepts of law and democracy in MacCormick’s theory, and the book presents original solutions to key questions underlying fundamental debates on constitutional law. The book points to key questions dealt with in RECON’s WP 2 on constitutional politics.

Law and Democracy in Neil MacCormick’s Legal and Political Theory: The Post-Soverign Constellation

Agustín José Menéndez and John Erik Fossum (eds), Springer, 2011 (Law and Philosophy Library, Vol. 93)


This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field.

Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

The volume contains contributions by RECON-affiliated scholars Agustín José Menéndez, John Erik Fossum, Neil Walker, Flavia Carbonell, Lars Christian Blichner (Reflection Group) and Tanja Hitzel-Cassagnes (Reflection Group). Other contributors are D. Neil Maccormick, Massimo La Torre, Stefano Bertea, Marina Lalatta Costerbosa, Jeremy Waldron, Martin Borowski, and Joxerramon Bengoetxea.


Within the RECON framework, the editors of the book have also published two working papers on the subject of the book: RECON Online Working Paper 2011/02 From Constitutional Pluralism to a Pluralistic Constitution? Constitutional Synthesis as a MacCormickian Constitutional Theory of European Integration’ by Agustín José Menéndez, and RECON Online Working Paper 2011/07  ‘Nationalism, Patriotism and Diversity: Conceptualising the National Dimension in Neil MacCormick’s Post-Sovereign Constellation’ by John Erik Fossum.


See more at the publisher’s website.