
Words That Bind
Judicial Review And The Grounds Of Modern Constitutional Theory
John Arthur(Author)
Westview Press Inc
1st Edition
Published on 19. January 1995
Book
Paperback/Softback
246 pages
978-0-8133-2349-7 (ISBN)
Description
The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In Words That Bind, John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches?from original intent to law and economics, from legal pragmatism to critical legal studies?rests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review. He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory.Words That Bind presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has.
More details
Language
English
Place of publication
Oxford
United States
Publishing group
Taylor & Francis Inc
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 14 mm
Weight
365 gr
ISBN-13
978-0-8133-2349-7 (9780813323497)
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E-Book
02/2018
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E-Book
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Routledge
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Book
01/1995
1st Edition
Westview Press Inc
€126.28
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Person
John Arthur is professor of philosophy and director of the program in Philosophy, Politics, and Law at Binghamton University. He is author of The Unfinished Constitution and coeditor of Campus Wars: Multiculturalism and the Politics of Difference (WestviewPress 1995).
Content
Preface -- Introduction -- Enforcing the Social Contract: Original Intent -- Perfecting the Democratic Process -- Critical Legal Studies and the Denial of Law -- Promoting the General Welfare: Utilitarianism, Law, and Economics -- Democratic Contractualism and the Search for Equality