Download A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters PDF

By Christopher J. Peters

ISBN-10: 0195387228

ISBN-13: 9780195387223

Legislations frequently purports to require humans, together with executive officers, to behave in methods they suspect are morally flawed or destructive. what's it approximately legislations that could justify this type of claim?

In an issue of Dispute: Morality, Democracy, and legislation, Christopher J. Peters deals a solution to this question, one who illuminates the original attraction of democratic govt, the unusual constitution of adversary adjudication, and the contested legitimacy of constitutional judicial overview. Peters contends that legislation will be considered essentially as a tool for heading off or resolving disputes, a functionality that suggests convinced center houses of authoritative criminal systems. these houses - competence and impartiality - supply democracy its virtue over other kinds of presidency. in addition they underwrite the adversary nature of common-law adjudication and the tasks and constraints of democratic judges. they usually flooring a safety of constitutionalism and judicial evaluate opposed to continual objections that these practices are "counter-majoritarian" and hence nondemocratic.

This paintings canvasses primary difficulties in the various disciplines of criminal philosophy, democratic concept, philosophy of adjudication, and public-law conception and indicates a unified method of unraveling them. It additionally addresses useful questions of legislation and govt in a manner that are meant to attract a person attracted to the advanced and infrequently bothered courting between morality, democracy, and the guideline of law.

Written for experts and non-specialists alike, a question of Dispute explains why each one folks separately, and we all jointly, have cause to obey the legislations - why democracy actually is a procedure of presidency below legislations.

Show description

Read Online or Download A Matter of Dispute: Morality, Democracy, and Law PDF

Best democracy books

Political Liberalism

Revising and carrying on with the assumption of justice and equity in A thought of Justice, Rawls poses the query of the way a good and simply society of unfastened and equivalent electorate can reside in harmony whilst deeply divided by way of average and incompatible doctrines. With its particular kind of liberalism----resting on an concept of loose public reason---- Political Liberalism yields new insights into the query of justice in our pluralistic society.

The Motherless State: Women's Political Leadership and American Democracy

American ladies reach extra specialist luck than so much in their opposite numbers around the globe, yet they lag strangely a long way at the back of within the nationwide political area. girls held in basic terms 15 percentage of U. S. congressional seats in 2006, a share that ranks the United States at the back of eighty-two different international locations when it comes to adult females elected to legislative place of work.

Foundations of Democracy in the European Union: From the Genesis of Parliamentary Democracy to the European Parliament

This e-book bargains a brand new method of the research of eu democracy exhibiting how this has built via key episodes within the lengthy heritage of the method: precursors within the Low nations; the founding of British parliamentary then American federal democracy; post-revolutionary France; post-war Germany; the eu Parliament.

Euroscepticism, Democracy and the Media: Communicating Europe, Contesting Europe

This quantity specializes in the connection among the media and ecu democracy, as vital elements of european legitimacy. The individuals convey how the media play a very important function in making eu governance dependable, and the way it may act as an intermediate hyperlink among voters and their elected and unelected representatives.

Additional resources for A Matter of Dispute: Morality, Democracy, and Law

Example text

Admittedly there is a Which brings us back to the context of constitutional rules. For a democratic majority to ignore, or to allow its representatives to ignore, applicable constitutional limitations may very well be for that society’s rule of recognition, in Hartian terms, to change—from a rule by which the constitution’s limitations are strictly binding to a rule by which they are not. It may in essence be a revolution without violence. If so, then the post-Hartian distinction between legal officials (who must be motivated to obey secondary legal rules, including the rule of recognition, for reasons other than the fear of sanctions) and ordinary citizens (who must be motivated to obey only the primary rules and may be motivated solely by sanctions) degrades even further.

See Lon L. Fuller, The Morality of Law (rev. ed. 1969) (1964). 34. See Richard A. Posner, The Problematics of Moral and Legal Theory (1999) [hereinafter Posner, The Problematics]; see also Sunstein, Legal Reasoning, supra note 4, at 194–96. 35. J. 153 (2002). 36. S. Const. art. II, § 2. ” Id. art. III, § 1. 37. See Bickel, supra note 28, at 16. 38 Only recently have constitutional theorists seriously begun to ask similar questions about constitutionalism itself—the imposition of legal limits, typically with a textual basis, upon the authority of democratic government—which, after all, is a precondition of judicial review and is at least as countermajoritarian.

For present purposes, a central dichotomy appearing in this diverse body of work has been a tension between competing ideas of the primary function of judges and courts: as resolvers of disputes, charged with applying existing legal norms to particular sets of facts; or as makers of policy, tasked with the development of new legal norms to be applied prospectively. In practice, of course, courts tend to do a fair amount of both dispute-resolving and policymaking; the question is which should dominate when these roles conflict.

Download PDF sample

Rated 4.93 of 5 – based on 21 votes