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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Scepter of Reason

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Roberto GargarellaUniversity Torcuato di Tella, Buenos Aires, Argentina

ISBN13: 9780792365082
ISBN: 0792365089
Published: August 2000
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print

This work explores the origins of Anglo-American constitutionalism, from both a philosophical and a historical perspective. It attempts to show that the institutional mechanisms incorporated into the American Constitution were modelled under a strong bias against collective discussion. The book also examines the alternative institutional system then proposed by a different and more radical tradition of thought, and evaluates this alternative from the ideal of a deliberate democracy. The book challenges much of the academic literature on the philosophical foundations of modern constitutionalism, and advances suggestions for a different approach.

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Preface. Introduction.
1. Radicalism and Conservatism in England.
2. Radicalism and Populism in the U.S.
3. The Conservative Reaction. James Madison: Institutional Reforms Against the Power of Factions.
4. The Conservative Reaction II. Defending the New Institutions in the Federal Convention.
5. The Conservative Model of Deliberation. Appendix: Contemporary Political Institutions and Deliberation. Bibliography. Index.