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Democratic Law, Hardcover by Shiffrin, Seana Valentine; Kolodny, Niko (CON); ...

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US $43.88
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eBay item number:354956832697
Last updated on 19 Sep, 2024 07:37:16 BSTView all revisionsView all revisions

Item specifics

Condition
Like New: A book that has been read, but looks new. The book cover has no visible wear, and the dust ...
Book Title
Democratic Law
ISBN
9780190084486
Subject Area
Law, Philosophy
Publication Name
Democratic Law
Publisher
Oxford University Press, Incorporated
Item Length
5.9 in
Subject
Ethics & Moral Philosophy, Movements / General, General, Political
Publication Year
2021
Series
The Berkeley Tanner Lectures
Type
Textbook
Format
Hardcover
Language
English
Item Height
1.1 in
Author
Seana Valentine Shiffrin, Hannah Ginsborg
Item Weight
13.7 Oz
Item Width
8.5 in
Number of Pages
248 Pages

About this product

Product Identifiers

Publisher
Oxford University Press, Incorporated
ISBN-10
0190084480
ISBN-13
9780190084486
eBay Product ID (ePID)
24050025469

Product Key Features

Number of Pages
248 Pages
Language
English
Publication Name
Democratic Law
Subject
Ethics & Moral Philosophy, Movements / General, General, Political
Publication Year
2021
Type
Textbook
Subject Area
Law, Philosophy
Author
Seana Valentine Shiffrin, Hannah Ginsborg
Series
The Berkeley Tanner Lectures
Format
Hardcover

Dimensions

Item Height
1.1 in
Item Weight
13.7 Oz
Item Length
5.9 in
Item Width
8.5 in

Additional Product Features

Intended Audience
Scholarly & Professional
LCCN
2021-016416
Dewey Edition
23
Dewey Decimal
340.1
Table Of Content
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
Synopsis
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., The book defends the intimate connection between democracy and law by focusing on how democracy permits us to be co-authors of our common community through the use of law. It argues that democratically forged laws are articulate public commitments we make to one another and they are uniquely capable of conveying our mutual respect for one another. For this reason, democratic law is morally imperative and morally inspirational.
LC Classification Number
K240.S55 2021

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