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OverviewIn this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context. After defending these theses, Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First, articulating the special democratic character of judicially articulated common law, she resists instrumental, outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second, appealing to the need for law to articulate a coherent set of moral commitments, she criticizes the U.S. Supreme Court's approach to constitutional balancing. In a set of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrin's discussion. Shiffrin's responses expand upon themes concerning legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests. Full Product DetailsAuthor: Seana Valentine Shiffrin (Professor of Philosophy, Professor of Philosophy, University of California, Los Angeles) , Hannah Ginsborg (Willis S. and Marion Slusser Professor of Philosophy, Willis S. and Marion Slusser Professor of Philosophy, University of California, Berkeley) , Richard Rexford Wayne Brooks , Anna StilzPublisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 21.60cm , Height: 2.80cm , Length: 15.00cm Weight: 0.386kg ISBN: 9780190084486ISBN 10: 0190084480 Pages: 248 Publication Date: 08 November 2021 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsAcknowledgments List of Contributors Introduction - Hannah Ginsborg Democratic Law - Seana Valentine Shiffrin 1. Democratic Law 2. Democratic Law and the Erosion of Common Law 3. Constitutional Balancing and State Interests Comments 1. Democratic Law as Medium and Message - Niko Kolodny 2. Common Knowledge and Cheap Talk in Democratic Discourse and Law - Richard R. W. Brooks 3. Communication Through Law? - Anna Stilz Replies to Commentators - Seana Valentine ShiffrinReviewsAuthor InformationSeana Valentine Shiffrin is Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at the University of California, Los Angeles. She is the author of Speech Matters: On Morality, Lying, and the Law. Her research in law and philosophy explores theoretical and doctrinal questions about the social conditions necessary to realize equality and individual autonomy, addressing a wide range of topics including freedom of speech, contracts, promises, anti-discrimination, economic equality, negligence, procreation, and intellectual property. Tab Content 6Author Website:Countries AvailableAll regions |
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