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The Partial Constitution

Law and Philosophy 15 (4):437-445 (1996)

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  1. Toward a New Feminist Liberalism: Okin, Rawls, and Habermas.Amy R. Baehr - 1996 - Hypatia 11 (1):49 - 66.
    While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.
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  • Institutional Normativity and the Evolution of Morals: A Behavioural Approach to Ethics. [REVIEW]Mark Peacock - 2010 - Journal of Business Ethics 95 (2):283 - 296.
    This article explores the normative nature of institutions. The starting point of my investigation is Kahneman, Knetsch and Thaler's notion of the reference transaction from which I derive a recursive relationship between normative judgements and social practices (i. e. regular, routinised actions in a social group), an implication of which I call the "self-justification of practices". Drawing on John Dewey, I demonstrate how prevailing practices influence normative standards and thus how institutions become normative entities. I then show how, despite the (...)
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  • (1 other version)Deliberative Democracy and the Discursive Dilemma.Philip Pettit - 2001 - Noûs 35 (s1):268-299.
    Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...)
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  • Women, the state and religious dissent in the European Union.Pieter Coetzee - manuscript
    This paper considers a particular instance in which a liberal state –Germany -makes a claim for the limitation of tolerance of religious expression on the grounds of harm. I examine this claim with reference to three basic positions: Firstly,I examine Denise Meyerson’s argument that the domain of religion constitutes an area of intractable dispute and that the state is not entitled to limit liberty in this domain because it cannot justify limitations in a neutrally acceptable way. I argue that Ludin (...)
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  • Privacy and Constitutional Theory.Scott D. Gerber - 2000 - Social Philosophy and Policy 17 (2):165-185.
    There has been a flood of scholarship over the years on whether there is a “right to privacy” in the Constitution of the United States.Griswold v. Connecticut(1965) was, of course, the Supreme Court decision that opened the floodgates to this river of commentary. A subject search for “privacy, right of” in the College of William and Mary's on-line library catalog located 360 book titles. A perusal of the leading law review bibliographic indices turned up still more. Whether the Constitution contains (...)
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  • Two spheres of domination: Republican theory, social norms and the insufficiency of negative freedom.Alan M. S. J. Coffee - 2015 - Contemporary Political Theory 14 (1):45-62.
    Republicans understand freedom as the guaranteed protection against any arbitrary use of coercive power. This freedom is exercised within a political community, and the concept of arbitrariness is defined with reference to the actual ideas of its citizens about what is in their shared interests. According to many current defenders of the republican model, this form of freedom is understood in strictly negative terms representing an absence of domination. I argue that this assumption is misguided. First, it is internally inconsistent. (...)
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  • (1 other version)Deliberative Democracy and the Discursive Dilemma.Philip Pettit - 2001 - Philosophical Issues 11 (1):268-299.
    Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...)
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  • Anticipatory Ethics and Governance : Towards a Future Care Orientation Around Nanotechnology.Syed A. M. Tofail, Finbarr Murphy, Martin Mullins & Karena Hester - 2015 - NanoEthics 9 (2):123-136.
    Nanotechnology presents significant challenges in terms of developing a regulatory framework. This is due to a lack of scientific knowledge about the behaviour of the technology in its interactions with biological and ecological processes, the environment and other technologies. Crucially, there is a great deal of uncertainty surrounding the potential environmental and human health and safety impacts of NT. Consequently, the development of NT is a potential test case for framing new models of ‘soft law’ voluntary governance as a substitute (...)
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  • Educating the Reasonable: Political Liberalism and Public Education.Frodo Podschwadek - 2021 - Springer.
    Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...)
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  • Pluralism, Preferences, and Deliberation: A Critique of Sen's Constructive Argument for Democracy.Carlo Argenton & Enzo Rossi - 2013 - Journal of Social Philosophy 44 (2):129-145.
    In this paper we argue that Sen's defence of liberal democracy suffers from a moralistic and pro-liberal bias that renders it unable to take pluralism as seriously as it professes to do. That is because Sen’s commitment to respecting pluralism is not matched by his account of how to individuate the sorts of preferences that ought to be included in democratic deliberation. Our argument generalises as a critique of the two most common responses to the fact of pluralism in contemporary (...)
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  • Richard Posner's democratic pragmatism and the problem of ignorance.Ilya Somin - 2004 - Critical Review: A Journal of Politics and Society 16 (1):1-22.
    Abstract Richard Posner's Law, Pragmatism, and Democracy urges that political and legal decision makers should be guided by what he calls ?everyday pragmatism,? rather than by ?abstract? moral theory. He links his conception of pragmatic government to Sclmmpeter's unromantic view of democracy. Posner argues that judicial review should be based on a combination of pragmatism and adherence to this limited conception of democracy, rather than sticking closely to ?formalist? theories of adjudication, which demand strict adherence to traditional legal norms. However, (...)
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  • Basic Social Rights, Constitutional Justice, and Democracy.Rodolfo Arango - 2003 - Ratio Juris 16 (2):141-154.
    The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In (...)
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  • Le libéralisme politique de Rawls.Pierre-Yves Bonin - 1994 - Dialogue 33 (1):79-.
    Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...)
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  • Deliberative democracy and political ignorance.Ilya Somin - 2010 - Critical Review: A Journal of Politics and Society 22 (2-3):253-279.
    Advocates of ?deliberative democracy? want citizens to actively participate in serious dialogue over political issues, not merely go to the polls every few years. Unfortunately, these ideals don't take into account widespread political ignorance and irrationality. Most voters neither attain the level of knowledge needed to make deliberative democracy work, nor do they rationally evaluate the political information they do possess. The vast size and complexity of modern government make it unlikely that most citizens can ever reach the levels of (...)
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  • Voter ignorance and the democratic ideal.Ilya Somin - 1998 - Critical Review: A Journal of Politics and Society 12 (4):413-458.
    Abstract If voters do not understand the programs of rival candidates or their likely consequences, they cannot rationally exercise control over government. An ignorant electorate cannot achieve true democratic control over public policy. The immense size and scope of modern government makes it virtually impossible for voters to acquire sufficient knowledge to exercise such control. The problem is exacerbated by voters? strong incentive to be ?rationally ignorant? of politics. This danger to democracy cannot readily be circumvented through ?shortcut? methods of (...)
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  • Super Majoritarianism and the Endowment Effect.Uriel Procaccia & Uzi Segal - 2003 - Theory and Decision 55 (3):181-207.
    The American and some other constitutions entrench property rights by requiring super majoritarian voting as a condition for amending or revoking their own provisions. Following Buchanan and Tullock [The Calculus of Consent, Logical Foundations of Constitutional Democracy (University of Michigan Press, Ann Arbor), 1962], this paper analyzes individuals' interests behind a veil of ignorance, and shows that under some standard assumptions, a (simple) majoritarian rule should be adopted. This result changes if one assumes that preferences are consistent with the behavioral (...)
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  • The Constitution of Nondomination.Guido Pincione - 2011 - Social Philosophy and Policy 28 (1):261-289.
    Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...)
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  • Constitutional Rights and Democracy in the U.S.A.: The Issue -of Judicial Review.Rex Martin & Stephen M. Griffin - 1995 - Ratio Juris 8 (2):180-198.
    The first section takes up some main details of American constitutional history. At the end of that section and in section two, we concentrate on one constitutional doctrine in particular, judicial review. We argue that this doctrine rests, traditionally, on the foundational idea of a permanent tension between democratic institutions and basic rights. In section three, we deal with the problem just raised, by suggesting an alternative view of the relationship that exists between these fundamental constitutional elements. Here we attempt (...)
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  • Constitutional Interpretation: Non-originalism.Mitchell N. Berman - 2011 - Philosophy Compass 6 (6):408-420.
    Debates over the proper theory of, or approach to, constitutional interpretation rage through many Western constitutional democracies. Although the number of distinct theories, if finely individuated, might match the number of theorists who have entered the fray, it has become customary to group the competing accounts into two broad camps, commonly labeled ‘originalism’ and ‘non‐originalism’. This article presents an overview of non‐originalist approaches to constitutional interpretation. However, because non‐originalism is defined as the negation of originalism – that is, diverse theories (...)
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  • IDEAS in AGORA: The Philosophy of the Empires, Fear and Sense of Exemplarity.Korstanje Maximiliano - 2014 - Human and Social Studies 3 (2):11-33.
    Why do the United States reserve the right to be called “America” by conferring the “Americas” to the whole continent?, is that a clear sign of discrimination or supremacy or both? Ideologically, America refers to the United States of “America” excluding other regions such as Latin America, central or South America. This leads some scholars to explain convincingly that, beyond this subtle grammatical difference, the Anglo-ethnocentrism in the United States has been drawn to make their citizens believe they are unique, (...)
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  • Back to the future! Habermas and Dewey on democracy in capitalist times.Veith Selk & Dirk Jörke - 2020 - Constellations 27 (1):36-49.
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  • Power, Ethics, and Journalism: Toward an Integrative Approach.Peggy Bowers, Christopher Meyers & Anantha Babbili - 2004 - Journal of Mass Media Ethics 19 (3-4):223-246.
    Although we think 1 of the basic purposes of journalism is to provide information vital to enhancing citizen autonomy, we also see this goal as being in direct tension with the power news media hold and wield, power that may serve to undercut, rather than enhance, citizen autonomy. We argue that the news media are ethically constrained by proceduralism, resulting in journalists asserting power inappropriately at the individual level, and unwittingly surrendering moral authority institutionally and globally. Anonymity, institutionalization, and routinization (...)
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