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Law vs. democracy?

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0008
Subject:
Law, Philosophy of Law

Together with Chapter 8, this chapter applies the dispute-resolution account of law to the countermajoritarian difficulty—the apparent tension between democratic government and judicially interpreted ... More


Legal Academics and Civil Rights Lawyering

Peter Charles Hoffer

in The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.003.0008
Subject:
Law, Legal History

This chapter explores the role, and the reticence, of the legal academic community in the civil rights revolution era. While Alexander Bickel, Herbert Wechsler, Charles Black, Harry Edwards, and ... More


Principles

Frederic R. Kellogg

in Oliver Wendell Holmes Jr. and Legal Logic

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.003.0008
Subject:
Law, Legal History

An ironic legacy of legal realism, rather than a reformed induction, was a turn to “general principles.” Legal principles might be viewed in two contrary ways: either as free-standing, unrevisable, ... More


To Follow the Argument where it Leads: An Antiquarian View of the Aim of Academic Freedom at the University of Chicago

Richard A. Shweder

in Who's Afraid of Academic Freedom?

Published in print:
2015
Published Online:
November 2015
ISBN:
9780231168809
eISBN:
9780231538794
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231168809.003.0010
Subject:
Philosophy, Moral Philosophy

This chapter examines academic freedom at the University of Chicago, which proudly thinks of itself as a Socratic, free-thinking, and contentious institution. More specifically, it considers the ... More


Constitutional Self-Government on the Model of Speech

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0003
Subject:
Philosophy, Political Philosophy

A common metaphor in contemporary political theory figures democracy or self-government in the language of speech, conversation, dialogue, voice, discussion, or some other speech-cognate. This ... More


Strangers Within: The Barghouti and the Bishara Criminal Trials

Leora Blsky

in Law and the Stranger

Published in print:
2010
Published Online:
June 2013
ISBN:
9780804771542
eISBN:
9780804775151
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804771542.003.0004
Subject:
Law, Philosophy of Law

This chapter focuses on two terror trials in Israel, one involving Azmi Bishara and another involving Marwan Barghouti. In both trials, the same acts of violence were considered: terrifying criminal ... More


Bullies and Martyrs: John Dos Passos and Adventures of a Young Man

Douglas P. Woodlock

in American Guy: Masculinity in American Law and Literature

Published in print:
2014
Published Online:
September 2014
ISBN:
9780199331376
eISBN:
9780199394258
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199331376.003.0013
Subject:
Literature, American, 20th Century Literature, World Literature

This chapter recounts a judge’s lifelong engagement with the novels of John Dos Passos as a means to understand ways to accommodate the tensions between substance and procedure in the law. The focus ... More


Conclusion: Politics or Law? Legacies of Lawyering in the Civil Rights Era

Peter Charles Hoffer

in The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.003.0009
Subject:
Law, Legal History

This concluding section asks whether the Civil Rights revolution should be seen as a legal or as a political movement. It assesses the impact of that movement on the careers and reputations of judges ... More


The Special Nature of Constitutional Discourse

Víctor Ferreres Comella

in Constitutional Courts and Democratic Values: A European Perspective

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300148671
eISBN:
9780300148688
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300148671.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter attempts to underscore the potential advantages to creating a special constitutional tribunal that is relatively detached from the ordinary judiciary. This is especially so in civil-law ... More


Obedience over Time

Louis Michael Seidman

in On Constitutional Disobedience

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199898275
eISBN:
9780190260125
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199898275.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines how the concept of constitutional obedience manages to misdirect political argument by bringing up important questions in the doctrine of judicial review. It cites Yale law ... More


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