Democratic Rights The Substance of Self-Government

Name: Democratic Rights The Substance of Self-Government
Price: 9.19 USD
Availability: InStock
ISBN: 9780691119700

ISBN-10: 0691119708

ISBN-13: 9780691119700

Edition: 2007

Authors: Corey Brettschneider

List price: $60.00

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Description:

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights.Democratic Rightschallenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of…

Book details

List price: $60.00
Copyright year: 2007
Publisher: Princeton University Press
Publication date: 7/22/2007
Binding: Hardcover
Pages: 192
Size: 7.44" wide x 12.48" long x 0.75" tall
Weight: 0.946
Language: English



Acknowledgments


Introduction



The Value Theory of Democracy



Introduction



Procedural Democractic Theories



Procedure-Independent Theories: Epistemic and Democratic



Conclusion



Paradigmatic Democratic Rights and Citizens as Addressees of Law



Introduction



Citizens as Authors and Addressees: Co-Originality and Citizens' Status



Rule of Law



Freedom of Expression and Conscience



Conclusion



Democratic Contractualism: A Framework for Justifiable Coercion



Introduction



A Lexicon of Citizenship



The Principle of Democracy's Public Reason



The Inclusion Principle



Conclusion



Public Justification and the Right to Privacy



Introduction



Situating Democratic Privacy: A Critique of Liberal and Republican Accounts



Relevance and the Boundaries of Privacy



Privacy, Equality, and Democratically Justifiable Coercion



Conclusion



The Rights of the Punished



Introduction



The Need for Justification to Criminals qua Citizens: The Problem with Punishment as War



State Punishment as an Issue of Political Morality: Punishing Criminals qua Persons versus Criminals qua Citizens



Democratic Rights Against Punishment



Capital Punishment



Conclusion



Private Property and the Right to Welfare



Introduction



The Right to Private Property and State Coercion



Democratic Contractualism and the Right to Private Property



Democratic Proposals for Welfare Rights



Objections



Conclusion



Judicial Review: Balancing Democratic Rights and Procedures



Introduction



The Limits of a Pure Outcomes-Based Theory



The Failure of Pure Procedural Theories



Impure Procedural and Outcomes-Based Theories



The Flaws with Formal Democratic Arguments and the Need for Examples in a Theory of Democracy



The Objection from Benevolent Dictatorship



Conclusion


Conclusion: Democratic Rights and Contemporary Politics


Bibliography


Index