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The Rule of Recognition and the U.S. Constitution (Hardcover, New)
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The Rule of Recognition and the U.S. Constitution (Hardcover, New)
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The Rule of Recognition and the U.S. Constitution is a volume of
original essays that discuss the applicability of Hart's rule of
recognition model of a legal system to U.S. constitutional law. The
contributors are leading scholars in analytical jurisprudence and
constitutional theory, including Matthew Adler, Larry Alexander,
Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon,
Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick
Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The
volume makes a contribution both in jurisprudence, using the U.S.
as a "test case" that highlights the strengths and limitations of
the rule of recognition model; and in constitutional theory, by
showing how the model can illuminate topics such as the role of the
Supreme Court, the constitutional status of precedent, the
legitimacy of unwritten sources of constitutional law, the choice
of methods for interpreting the text of the Constitution, and
popular constitutionalism.
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