Law and democracy
Author(s)
Bibliographic Information
Law and democracy
(The international library of essays in law and legal theory, 2nd ser.)
Ashgate/Dartmouth, c2003
- : hbk
Available at 34 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes index
Description and Table of Contents
Description
The study of law is a branch of the study of politics. Even those who emphasize the autonomy of law, either sociologically or normatively, must acknowledge that this is a position that requires justification within a broader theory of politics that either explains or justifies this autonomy. Inevitably, therefore, developments in political life and in political philosophy have a significant effect on the practice of law and its theoretical study. Currently this relationship is evident in the impact of recent developments in the practice and theory of democracy that are redolent with implications for law and legal theory. This collection represents the body of captivating literature that is engaged not only with current developments in law and politics but also with the rediscovery of traditional theories. It offers a way into an engaging and important debate that bears of the most fundamental issues within both legal and political theory.
Table of Contents
- Contents: General: Republicanism, liberalism and the law, Mortimer Sellers
- The politics of the British constitution, K.D. Ewing
- Democracy and positive liberty, Frank Michelman
- Legislation, authority and voting, Jeremy Waldron. Liberal Legalism: The moral reading, Ronald Dworkin
- Taking freedom seriously, Robin West. Republicanism: Beyond the republican revival, Cass R. Sunstein
- Law's republicanism, Kathryn Adams
- Republican liberty and its constitutional significance, Philip Pettit. Deliberative Democracy: Paradigms of law, JA1/4rgen Habermas
- Law as discourse: bridging the gap between democracy and rights, Michel Rosenfeld
- Legal positivism and deliberative democracy, Tom Campbell. Democratic Formalism: The rule of law as a law of rules, Antonin Scalia
- Justice Scalia's democratic formalism, Cass R. Sunstein
- Originalism in constitutional interpretation, Jeffrey Goldsworthy. Judicial Review: Constitutional democracy and the legitimacy of judicial review, Samuel Freeman
- Freeman's defense of judicial review, Jeremy Waldron
- On not standing for notwithstanding, John D. Whyte
- Standing up for notwithstanding, Peter H. Russell
- Name index.
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