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This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.
Constitutional law --- Law --- Legitimacy of governments --- Governments, Legitimacy of --- Legitimacy (Constitutional law) --- Consensus (Social sciences) --- Revolutions --- Sovereignty --- State, The --- General will --- Political stability --- Regime change --- Jurisprudence --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Bill drafting --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Language --- Philosophy --- Interpretation and construction --- Constitutional law. --- Legitimacy of governments. --- Language. --- Philosophy. --- Arts and Humanities
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This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.
Common law --- Customary law --- Customs (Law) --- Folk law --- Usage and custom (Law) --- Social norms --- Time immemorial (Law) --- Anglo-American law --- Law, Anglo-American --- History --- Social Sciences --- Political Science
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"Democracy and Authenticity examines a basic problem for liberal democracies. In a polity that is characterized by real diversity of identities and values, what kinds of justifications are appropriate for coercive government actions? In particular, this book argues that justifications that are based on particular religious or other doctrines that are not accessible to nonadherents cannot be a proper basis for government actions that affect everyone. Instead, the book develops a model of public justification that is intended to guide citizens in a liberal democracy through the work of creating a politics that satisfies their responsiblities to one another"--
Authenticity (Philosophy) --- Democracy --- Liberalism --- Liberal egalitarianism --- Liberty --- Political science --- Social sciences --- Philosophy --- Liberalism. --- Philosophy. --- Social Sciences --- Political Science --- Political philosophy. Social philosophy --- Political systems
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