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Constitutional Goods

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ISBN13: 9780199274666
ISBN: 0199274665
Published: September 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws.

Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal

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Subjects:
Jurisprudence
Contents:
Preface; Introduction: The Aim of Constitutional Theory
PART ONE: LIBERTY; 1. The Libertarian Conception of the Public; 2. Constitutional Principles: Civil Rights; 3. Constitutional Principles: Political Rights
PART TWO: EQUALITY; 4. The Egalitarian Principle of Fundamental Justice; 5. Self-Authorship and Substantive Justice; 6. Self-Rule and Procedural Justice; 7. Social and Economic Rights
PART THREE: COMMUNITY; 8. Hegel's Idea of Sittlichkeit ; 9. Sex, Family, and Self-Authorship; 10. The Liberal Duty to Recognize Cultures; 11. Consociationalism; Conclusion