There's no I in team: Judicial review and community moral agents

Maggie O'Brien

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

In Law's Empire, Dworkin suggests that some groups of people have the potential to be ‘deeply personified’. This chapter takes up Dworkin's intuition, defends it and makes an argument for its expanded relevance. I contend that it is meaningful to talk about collective agency and that our understanding of group activities would be incomplete if we were to give up the notion of collective agency. What's more, I advance the idea that a nation's citizenry, through a form of what I call a sincere artificial agency, forms a collective moral agent. The sincerity involved is a commitment by all citizens to political and moral ideals which are best manifested in a charter. These ideals forge a bond among the citizens because, beyond any differences, they can all identify with the need to strive for fairness and justice. Further, I argue that enshrining a charter or bill of rights will make a community a better moral agent.
Original languageEnglish
Title of host publicationCollective Action, Philosophy and Law
EditorsTeresa Marques, Chiara Valentini
PublisherRoutledge
Chapter12
Number of pages26
Edition1st
ISBN (Electronic)9781003242451
ISBN (Print)9780367651022
DOIs
Publication statusPublished - 30 Nov 2021

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