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Democratic Rights The Substance of Self-Government

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ISBN-10: 0691119708

ISBN-13: 9780691119700

Edition: 2007

Authors: Corey Brettschneider

List price: $58.00
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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…    
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Book details

List price: $58.00
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