Read e-book online A Matter of Dispute: Morality, Democracy, and Law PDF

By Christopher J. Peters

ISBN-10: 0195387228

ISBN-13: 9780195387223

Legislations usually purports to require humans, together with govt officers, to behave in methods they suspect are morally mistaken or destructive. what's it approximately legislation which may justify this sort of claim?

In an issue of Dispute: Morality, Democracy, and legislations, Christopher J. Peters deals a solution to this query, one who illuminates the original attraction of democratic executive, the odd constitution of adversary adjudication, and the contested legitimacy of constitutional judicial evaluation. Peters contends that legislations could be considered essentially as a tool for warding off or resolving disputes, a functionality that suggests sure middle houses of authoritative felony systems. these homes - competence and impartiality - provide democracy its virtue over different kinds of presidency. additionally they underwrite the adversary nature of common-law adjudication and the tasks and constraints of democratic judges. and so they floor a safeguard of constitutionalism and judicial evaluation opposed to chronic objections that these practices are "counter-majoritarian" and hence nondemocratic.

This paintings canvasses basic difficulties in the different disciplines of felony philosophy, democratic thought, philosophy of adjudication, and public-law conception and indicates a unified method of unraveling them. It additionally addresses useful questions of legislations and executive in a manner that are meant to entice somebody attracted to the advanced and infrequently bothered dating between morality, democracy, and the guideline of law.

Written for experts and non-specialists alike, a question of Dispute explains why every one folks separately, and we all jointly, have cause to obey the legislation - why democracy really is a process of presidency less than legislations.

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Additional info for A Matter of Dispute: Morality, Democracy, and Law

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A. The First Assumption: The Subject-Specific Perspective In responding to Aristotle’s Challenge and developing the DR account, I typically will adopt a subject-specific perspective; that is, I will focus on the perspective of a legal subject, a person (or, in some cases, an institution or group of people) 42. J. 1346 (2006); Larry Alexander, Introduction, in Constitutionalism: Philosophical Foundations, supra note 40, at 1, 1–15; and Joseph Raz, On the Authority and Interpretation of Constitutions: Some Preliminaries, in Constitutionalism: Philosophical Foundations, supra note 40, at 152, 152–93.

My case for constitutional law will depend not on the danger that legal subjects will act out of self-interest, but on the danger that those claiming legal authority will act out of self-interest. I will touch on this point again in those final chapters. C. The Third Assumption: The Irrelevance of Formal Sanctions For reasons I’ve suggested already, I will assume as well that legal subjects do not consider the possibility of formal sanctions for disobedience as part of their reasoning about whether to obey the law.

II, § 2. ” Id. art. III, § 1. 37. See Bickel, supra note 28, at 16. 38 Only recently have constitutional theorists seriously begun to ask similar questions about constitutionalism itself—the imposition of legal limits, typically with a textual basis, upon the authority of democratic government—which, after all, is a precondition of judicial review and is at least as countermajoritarian. )39 Constitutional theory frequently makes contact not only with adjudicative theory, but also, not surprisingly, with the theory of democracy.

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A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters

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