Constitutional essentials : on the constitutional theory of political liberalism / Frank I. Michelman.
"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 philos...
Saved in:
| Main Author: | |
|---|---|
| Format: | Ebook |
| Language: | English |
| Published: |
New York, NY :
Oxford University Press,
[2022]
|
| Subjects: | |
| Online Access: | Oxford Scholarship Online |
| 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"-- |
|---|---|
| Physical Description: | 1 online resource (xv, 208 pages) |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 0197655858 9780197655856 019765584X 9780197655849 0197655866 9780197655863 0197655831 9780197655832 |