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Democratic Law (eBook)


ISBN13: 9780190084509
Published: November 2021
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
Price: £19.16
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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.

Subjects:
Jurisprudence, eBooks
Contents:
Acknowledgments
List of Contributors
Introduction - Hannah Ginsborg
Democratic Law - Seana Valentine Shiffrin
1. Democratic Law
2. Democratic Law and the Erosion of Common Law
3. Constitutional Balancing and State Interests
Comments
1. Democratic Law as Medium and Message - Niko Kolodny
2. Common Knowledge and Cheap Talk in Democratic Discourse and Law - Richard R. W. Brooks
3. Communication Through Law? - Anna Stilz
Replies to Commentators - Seana Valentine Shiffrin

Series: The Berkeley Tanner Lectures

Democratic Law ISBN 9780190084486
Published November 2021
Oxford University Press USA
£22.99
The Will to Punish ISBN 9780190888589
Published September 2018
Oxford University Press
£28.49
The Practice of Value
Joseph RazProfessor of the Philosophy of Law, University of Oxford
ISBN 9780199278466
Published January 2005
Oxford University Press
£38.99
The Practice of Value
Joseph RazProfessor of the Philosophy of Law, University of Oxford, R.Jay Wallace
ISBN 9780199261475
Published November 2004
Oxford University Press
£76.00