The Rule of Recognition and the U.S. Constitution

by Matthew Adler, Kenneth Einar Himma

Overview

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.

Product Details

ISBN-13:	9780190208745
Publisher:	Oxford University Press
Publication date:	07/20/2009
Sold by:	Barnes & Noble
Format:	eBook
File size:	818 KB

About the Author

Matthew Adler is Leon Meltzer Professor of Law at the University of Pennsylvania Law School. Kenneth Einar Himma is Visiting Assistant Professor of Philosophy at Seattle Pacific University.

Table of Contents

Introduction Matthew D. Adler and Kenneth Einar Himma Chapter 1: The Rule of Recognition and the Constitution Kent Greenawalt 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 Wil Waluchow Chapter 6: How to Understand the Rule of Recognition and the American Constitution Kent Greenawalt 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 Stephen Perry Chapter 12: Who Needs Rules of Recognition? Jeremy Waldron Chapter 13: Kelsen, Quietism, and the Rule of Recognition Michael Steven Green