Law and Disagreement / Edition 1

Law and Disagreement / Edition 1

by Jeremy Waldron
     
 

ISBN-10: 0199243034

ISBN-13: 9780199243037

Pub. Date: 04/28/2001

Publisher: Oxford University Press, USA

When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues such as affirmative action, criminal procedure, discrimination law, hate speech, pornography, political dissent, and the limits of religious toleration? The most familiar answer is that these decisions should be made…  See more details below

Overview

When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues such as affirmative action, criminal procedure, discrimination law, hate speech, pornography, political dissent, and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding 'providing that the majority decision does not violate individual rights.'. In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.

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Product Details

ISBN-13:
9780199243037
Publisher:
Oxford University Press, USA
Publication date:
04/28/2001
Edition description:
New Edition
Pages:
344
Product dimensions:
9.20(w) x 6.20(h) x 0.80(d)

Table of Contents

1Introduction1
IA Jurisprudence of Legislation19
2Legislatures in Legal Philosophy21
3Legislation by Assembly49
4Text and Polyphony69
5Legislation, Authority, and Voting88
6Legislators' Intentions and Unintentional Legislation119
IIDisagreement in Principle147
7Rawls's Political Liberalism149
8The Irrelevance of Moral Objectivity164
9The Circumstances of Integrity188
IIIRights and Judicial Review209
10Between Rights and Bills of Rights211
11Participation: The Right of Rights232
12Disagreement and Precommitment255
13The Constitutional Conception of Democracy282
Bibliography313
Index327

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