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Vol 23 No 5 May/June 2018

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Words That Bind

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ISBN13: 9780813323497
ISBN: 0813323495
Published: July 1997
Publisher: The Perseus Books Group
Format: Paperback
Price: £25.99

Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has. }The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In Words That Bind, John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approachesfrom original intent to law and economics, from legal pragmatism to critical legal studiesrests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review.;He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory. Words That Bind presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has. }

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Introduction; Enforcing the Social Contract: Original Intent; Perfecting the Democratic Process; Critical Legal Studies and the Denial of Law; Promoting the General Welfare: Utilitarianism, Law, and Economics; Democratic Contractualism and the Search for Equality.