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Democratic law / Seana Valentine Shiffrin ; with commentaries by Niko Kolodny, Richard R. W. Brooks, and Anna Stilz ; edited and introduced by Hannah Ginsborg.
- Format:
- Book
- Author/Creator:
- Shiffrin, Seana Valentine, author.
- Series:
- Berkeley Tanner lectures.
- Oxford scholarship online.
- The Berkeley Tanner lectures
- Oxford scholarship online
- Language:
- English
- Subjects (All):
- Law--Philosophy.
- Law.
- Democracy.
- Physical Description:
- 1 online resource (x, 234 pages).
- Place of Publication:
- New York, New York : Oxford University Press, [2021]
- Summary:
- In this text, based on her 2017 Berkeley Tanner Lectures, the author 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, she explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications.
- Contents:
- Introduction / Hannah Ginsborg
- Democratic law / Seana Valentine Shiffrin
- Democratic law and the erosion of common law / Seana Valentine Shiffrin
- Constitutional balancing and state interests / Seana Valentine Shiffrin
- Comments: Democratic law as medium and message / Niko Kolodny
- Common knowledge and cheap talk in democratic discourse and law / Richard R. W. Brooks
- Communication through law? / Anna Stilz
- Replies to commentators / Seana Valentine Shiffrin.
- Notes:
- Includes bibliographical references and index.
- Also issued in print: 2021.
- Description based on print version record.
- Other Format:
- Print version: Shiffrin, Seana Valentine. Democratic law
- ISBN:
- 0-19-008451-0
- 0-19-008450-2
- OCLC:
- 1147884490
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