Democratic Rights: The Substance of Self-Government

Overview

"No problem of democratic theory is more formidable than how to reconcile majority rule with respect for individual rights. Democratic Rights is an original and compelling contribution to this debate?one that will affect the course of democratic theory for years to come. Among its most provocative and ingenious arguments is its case for the illegitimacy of the death penalty and the political parity of property and welfare rights under a democratic constitution. The prose is a model of compact lucidity."?Eamonn ...

See more details below
Other sellers (Paperback)
  • All (14) from $13.98   
  • New (10) from $13.98   
  • Used (4) from $15.96   
Democratic Rights: The Substance of Self-Government

Available on NOOK devices and apps  
  • NOOK Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook - Course Book)
$12.99
BN.com price
(Save 43%)$22.95 List Price

Overview

"No problem of democratic theory is more formidable than how to reconcile majority rule with respect for individual rights. Democratic Rights is an original and compelling contribution to this debate—one that will affect the course of democratic theory for years to come. Among its most provocative and ingenious arguments is its case for the illegitimacy of the death penalty and the political parity of property and welfare rights under a democratic constitution. The prose is a model of compact lucidity."—Eamonn Callan, Stanford University

"First-rate. In a consistently accessible style, Corey Brettschneider presents a clear, innovative argument that he sustains in an elegant and economical way throughout."—Simone Chambers, University of Toronto

"This ambitious book establishes its author as a scholar setting out a distinctive and credible position within liberal democratic theory. Clear and accessible, it reaches eminently reasonable conclusions on a range of policy issues, and develops a theoretical structure that can be used to apply the author's recommended 'middle course' (between 'pure proceduralist' democrats and 'nondemocratic' liberals) directly to constitutional law and matters of basic justice."—Leif Wenar, University of Sheffield

Read More Show Less

Editorial Reviews

Chronicle of Higher Education
Develops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity.
— Nina C. Ayoub
Choice
...Brettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights....[N]o one interested in rights or democratic theory can afford to ignore this book.
— A.D. Sarat
Chronicle of Higher Education
Develops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity.
— Nina C. Ayoub
Choice
[B]rettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights....[N]o one interested in rights or democratic theory can afford to ignore this book.
— A.D. Sarat
Chronicle of Higher Education - Nina C. Ayoub
Develops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity.
Choice - A.D. Sarat
[B]rettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights....[N]o one interested in rights or democratic theory can afford to ignore this book.
From the Publisher
One of Choice's Outstanding Academic Titles for 2007

"Develops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity."—Nina C. Ayoub, Chronicle of Higher Education

"[B]rettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights....[N]o one interested in rights or democratic theory can afford to ignore this book."—A.D. Sarat, Choice

"Princeton University Press's decision to issue a paperback edition of Corey Brettschneider's ambitious Democratic Rights, three years after the book's initial appearance, is one that students of democratic theory and political theorists in general should applaud. . . . Democratic Rights is not only ambitious but distinctive, then, and marked by virtues that one does not always find in such books, being clearly written, carefully argued, and admirably concise. It is a book, in short, that is well worth the attention of democratic theorists and anyone who wants to know how far contractualism can take us in political and legal philosophy."—Richard Dagger, Criminal Law and Philosophy

Read More Show Less

Product Details

  • ISBN-13: 9780691149301
  • Publisher: Princeton University Press
  • Publication date: 9/20/2010
  • Pages: 192
  • Product dimensions: 6.10 (w) x 9.10 (h) x 0.60 (d)

Meet the Author


Corey Brettschneider is assistant professor of political science and public policy at Brown University.
Read More Show Less

Table of Contents

Acknowledgments     ix
Introduction     1
The Value Theory of Democracy     7
Introduction     7
Procedural Democractic Theories     11
Procedure-Independent Theories: Epistemic and Democratic     17
Conclusion     26
Paradigmatic Democratic Rights and Citizens as Addressees of Law     28
Introduction     28
Citizens as Authors and Addressees: Co-Originality and Citizens' Status     29
Rule of Law     38
Freedom of Expression and Conscience     44
Conclusion     52
Democratic Contractualism: A Framework for Justifiable Coercion     54
Introduction     54
A Lexicon of Citizenship     55
The Principle of Democracy's Public Reason     61
The Inclusion Principle     64
Conclusion     69
Public Justification and the Right to Privacy     71
Introduction     71
Situating Democratic Privacy: A Critique of Liberal and Republican Accounts     73
Relevance and the Boundaries of Privacy     78
Privacy, Equality, and Democratically Justifiable Coercion     85
Conclusion     94
The Rights of thePunished     96
Introduction     96
The Need for Justification to Criminals qua Citizens: The Problem with Punishment as War     98
State Punishment as an Issue of Political Morality: Punishing Criminals qua Persons versus Criminals qua Citizens     101
Democratic Rights Against Punishment     105
Capital Punishment     108
Conclusion     112
Private Property and the Right to Welfare     114
Introduction     114
The Right to Private Property and State Coercion     115
Democratic Contractualism and the Right to Private Property     119
Democratic Proposals for Welfare Rights     126
Objections     132
Conclusion     135
Judicial Review: Balancing Democratic Rights and Procedures     136
Introduction     136
The Limits of a Pure Outcomes-Based Theory     140
The Failure of Pure Procedural Theories     145
Impure Procedural and Outcomes-Based Theories     146
The Flaws with Formal Democratic Arguments and the Need for Examples in a Theory of Democracy     150
The Objection from Benevolent Dictatorship     157
Conclusion     158
Conclusion: Democratic Rights and Contemporary Politics     160
Bibliography     163
Index     169
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)