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BERKELEY TANNER LECTURES

Democratic Law

Seana Valentine Shiffrin

Democratic Law

BERKELEY TANNER LECTURES

Democratic Law

BERKELEY TANNER LECTURES: Democratic Law

 

The book defends the intimate connection between democracy and law by focusing on how democracy permits us to be co-authors of our common community through the use of law. It argues that democratically forged laws are articulate public commitments we make to one another and they are uniquely capable of conveying our mutual respect for one another.


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Beschrijving BERKELEY TANNER LECTURES: Democratic Law

In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint
commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context.

After defending these theses, Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First, articulating the special democratic character of judicially articulated common law, she resists instrumental, outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second, appealing to the need for law to articulate a coherent set of moral commitments,
she criticizes the U.S. Supreme Court's approach to constitutional balancing. In a set of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrin's discussion. Shiffrin's responses
expand upon themes concerning legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests.


ISBN
9780190084486
Pagina's
248
Verschenen
Serie
BERKELEY TANNER LECTURES
NUR
730
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP USA

Filosofie