Jump to ContentJump to Main Navigation

You are looking at 1-5 of 5 items

  • Keywords: Sabel x
Clear All Modify Search

View:

The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.001.0001
Subject:
Law, Constitutional and Administrative Law

This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from ... More


Introduction

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0001
Subject:
Law, Constitutional and Administrative Law

In overview, this book constructs a picture of law as a democratic means. This is constructed in opposition to a picture of constitutional law centered upon the protection of minorities from the ... More


Democratic Aims and Experimentalist Procedure

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0003
Subject:
Law, Constitutional and Administrative Law

As opposed to a conception of constitutional law as constructing game rules prior to and foundational for democracy, this chapter constructs a picture of law as democratic means with a broader social ... More


From Social Contract Theory to Sociable Contract Theory

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0009
Subject:
Law, Constitutional and Administrative Law

Constitutional law theories often rest upon a foundational conception of the social contract. For instance John Rawls’ theory of justice rests upon a contractual idea whereby once and for all ... More


Conclusion

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0010
Subject:
Law, Constitutional and Administrative Law

Through an outline of democratic challenges and possibilities in constitutional law a conception of law as a democratic means was constructed. This conception is based upon the work of Peirce, Dewey ... More


View: