Grad Forum - Jacob Weinrib (University of Toronto)

GRAD FORUM

Speaker:  Jacob Weinrib (University of Toronto)

Talk Title:  "A Progressive Theory of Law"

Abstract:  Contemporary legal and political philosophy is animated by a progressive ambition.  Theorists from a wide range of camps seek to devise a conception of justice that grounds criticism of existing institutions and directs their reform. This progressive ambition marks a decisive break from earlier philosophic approaches.  When ancient and early modern philosophers discussed societal transition, they generally envisioned either the generation or the degeneration of an adequate society.  The purpose of this paper is to explore a series of issues surrounding a further kind of societal transition central to contemporary legal and political philosophy, the progressive development of an existing legal system.  I have three objectives.  The first is to articulate how a theory would have to be structured to make good on this progressive ambition.  The second is to suggest that the leading liberal theories do not possess such a structure.  The third is to formulate a rough sketch of a progressive theory.