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The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
Matthew D. Adler and Kenneth Einar Himma
Chapter 1: The Rule of Recognition and the Constitution
Chapter 2: Precedent-Based Constitutional Adjudication, Acceptance, and the Rule of Recognition
Richard H. Fallon, Jr.
Chapter 3: How the Written Constitution Crowds Out the Extra-Constitutional Rule of Recognition
Michael C. Dorf
Chapter 4: Understanding the Relationship between the U.S. Constitution and the Conventional Rule of Recognition
Kenneth Einar Himma
Chapter 5: Four Concepts of Validity: Reflections on Inclusive and Exclusive Positivism
Chapter 6: How to Understand the Rule of Recognition and the American Constitution
Chapter 7: Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance
Larry Alexander and Frederick Schauer
Chapter 8: Social Facts, Constitutional Interpretation, and the Rule of Recognition
Matthew D. Adler
Chapter 9: What is the Rule of Recognition (And Does It Exist)?
Scott J. Shapiro
Chapter 10: Constitutional Theory and the Rule of Recognition: Toward a Fourth Theory of Law
Mitchell N. Berman
Chapter 11: Where All Have the Powers Gone: Hartian Rules of Recognition, Noncognitivsm, and the Constitutional and Jurisprudential Foundations of Law
Chapter 12: Who Needs Rules of Recognition?
Chapter 13: Kelsen, Quietism, and the Rule of Recognition
Michael Steven Green