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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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Democratic Law (Hardcover)
Loot Price: R784
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Democratic Law (Hardcover)
Series: The Berkeley Tanner Lectures
Expected to ship within 12 - 17 working days
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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.
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