Jacob Weinrib
Biographic Data
| ID | 4492475 |
|---|---|
| NAME | Jacob Weinrib |
| GIVEN NAMES | Jacob |
| FAMILY NAME | Weinrib |
| SIGNATURE | WEINRIB J |
| AFFILIATIONS | Queen's University |
| ORCID | 0000-0003-2562-6504 |
| VERIFIED | Yes |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 0 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
Escaping the Impasse in Constitutional Rights Theory
Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of constitutional rights that share the same defects. This Element develops the alternative idea that rights-based constitutional order has its own distinc…
What is purposive interpretation
Purposive interpretation leads a double life. As a matter of constitutional practice, it forms the doctrine through which courts in Canada and around the world determine the concrete protections that abstract constitutional rights afford. However, as a matter of constitutional theory, purposive interpretation is routinely rejected as either an empty phrase that offers no alternative to established theories of constitutional interpretation or a da…
Maitland's Challenge for Administrative Legal Theory
This paper challenges the familiar strategy for theorising about administrative law. Theories of administrative law typically take the existence of administrative bodies for granted, and then ask, all things considered, what moral aim they should serve. The resulting approaches are committed to varying moral aims ranging from the rule of law to efficiency, but converge on the shared idea that the purpose of administrative law is to promote aims t…
The Principles of Constitutional Reform
In legal orders around the world, commitments to democracy, liberalism and constitutionalism are increasingly eroding. Although political and constitutional theorists often lament this trend, they invariably adopt frameworks that are indifferent to these commitments. My aims in this article are both critical and constructive. As a critical matter, I will expose the indifference of the leading political and constitutional theories to the emergence…
Human dignity and its critics
This Chapter explores four prominent objections to the overarching role that human dignity plays in constitutional and human rights law. In the eyes of its critics, human dignity is objectionable because it (1) is too variable to be captured by a coherent constitutional theory; (2) stands in opposition to a liberal vision of constitutional governance; (3) fails to offer guidance for resolving constitutional disputes; and (4) is incapable of justi…
Authority, justice, and public law
In articulating the juridical relationship between the individual and the state, a theory of public law must confront a fundamental problem. The practice of public law involves appeals to ideas of both authority and justice, but these ideas appear to be antagonistic rather than complementary. On the one hand, persons must act in conformity with legal obligations enacted through the contingent exercise of public authority. On the other, persons mu…
The Juridical Significance of Kant's ‘Supposed Right to Lie’
In his ‘On a Supposed Right to Lie from Philanthropy’ (SRL) Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigor…
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The Juridical Significance of Kant's ‘Supposed Right to Lie’
In his ‘On a Supposed Right to Lie from Philanthropy’ (SRL) Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigor…
Authority, justice, and public law
In articulating the juridical relationship between the individual and the state, a theory of public law must confront a fundamental problem. The practice of public law involves appeals to ideas of both authority and justice, but these ideas appear to be antagonistic rather than complementary. On the one hand, persons must act in conformity with legal obligations enacted through the contingent exercise of public authority. On the other, persons mu…
Human dignity and its critics
This Chapter explores four prominent objections to the overarching role that human dignity plays in constitutional and human rights law. In the eyes of its critics, human dignity is objectionable because it (1) is too variable to be captured by a coherent constitutional theory; (2) stands in opposition to a liberal vision of constitutional governance; (3) fails to offer guidance for resolving constitutional disputes; and (4) is incapable of justi…
The Principles of Constitutional Reform
In legal orders around the world, commitments to democracy, liberalism and constitutionalism are increasingly eroding. Although political and constitutional theorists often lament this trend, they invariably adopt frameworks that are indifferent to these commitments. My aims in this article are both critical and constructive. As a critical matter, I will expose the indifference of the leading political and constitutional theories to the emergence…
Maitland's Challenge for Administrative Legal Theory
This paper challenges the familiar strategy for theorising about administrative law. Theories of administrative law typically take the existence of administrative bodies for granted, and then ask, all things considered, what moral aim they should serve. The resulting approaches are committed to varying moral aims ranging from the rule of law to efficiency, but converge on the shared idea that the purpose of administrative law is to promote aims t…
What is purposive interpretation
Purposive interpretation leads a double life. As a matter of constitutional practice, it forms the doctrine through which courts in Canada and around the world determine the concrete protections that abstract constitutional rights afford. However, as a matter of constitutional theory, purposive interpretation is routinely rejected as either an empty phrase that offers no alternative to established theories of constitutional interpretation or a da…
Escaping the Impasse in Constitutional Rights Theory
Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of constitutional rights that share the same defects. This Element develops the alternative idea that rights-based constitutional order has its own distinc…
Political science (7 works) · Law (6 works) · Sociology (6 works) · Law and economics (5 works) · Philosophy (5 works) · Epistemology (4 works) · Judicial and Constitutional Studies (4 works) · International Law and Human Rights (3 works) · Political Philosophy and Ethics (3 works) · Computer Science (2 works)