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Constitutional Essentials : On The Constitutional Theory of Political Liberalism / Frank I. Michelman.

By: Publisher: New York, NY : Oxford University Press, 2022Description: xv, 208 pages ; 25 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780197655832
Subject(s): Additional physical formats: Online version:: Constitutional essentialsDDC classification:
  • 342.5402 MIC 23/eng/20220608
LOC classification:
  • K3165 .M53 2022
Contents:
Rawls's constitution-centered "liberal principle of legitimacy" : a first look; The constitution as procedural recourse : rawlss liberal principle of legitimacy; Constitution as directive code; Constitutional essentials. A singularity of reason, or a space of reasonability? Constitutional law and human rights : the call to civility; Constitutional fidelity : of courts, citizens, and time; A realistic utopia? Legitimacy : procedural compliance or ethical attitude?; Offsets to proceduralism; Constitutional application : between will and reason; Justification-by-constitution, economic guarantees, and the rise of weak-form review; Judicial restraint (and judicial supremacy); Legal formalism and the rule of law; Constitutional rights and private legal relations; Liberal tolerance to liberal collapse?
Summary: "We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection"-- Provided by publisher.
List(s) this item appears in: NAAC 2022-23 | New Arrivals 2023-2024
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BOOKs BOOKs National Law School General Stacks 342.5402 MIC (Browse shelf(Opens below)) Available 39024

Includes bibliographical references and index.

Rawls's constitution-centered "liberal principle of legitimacy" : a first look;
The constitution as procedural recourse : rawlss liberal principle of legitimacy;
Constitution as directive code;
Constitutional essentials. A singularity of reason, or a space of reasonability?
Constitutional law and human rights : the call to civility;
Constitutional fidelity : of courts, citizens, and time;
A realistic utopia?
Legitimacy : procedural compliance or ethical attitude?;
Offsets to proceduralism;
Constitutional application : between will and reason;
Justification-by-constitution, economic guarantees, and the rise of weak-form review;
Judicial restraint (and judicial supremacy);
Legal formalism and the rule of law;
Constitutional rights and private legal relations;
Liberal tolerance to liberal collapse?

"We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection"-- Provided by publisher.

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