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:	9780195343298
Publisher:	Oxford University Press
Publication date:	07/20/2009
Edition description:	New Edition
Pages:	412
Product dimensions:	6.30(w) x 9.30(h) x 1.40(d)

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