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Democratic Rights : The Substance of Self-Government /
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...
| Autor principal: | |
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| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Princeton :
Princeton University Press,
2007.
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| Colección: | Book collections on Project MUSE.
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| Temas: | |
| Acceso en línea: | Texto completo |
MARC
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| 020 | |z 9780691119700 | ||
| 020 | |z 9780691149301 | ||
| 035 | |a (OCoLC)368315169 | ||
| 040 | |a MdBmJHUP |c MdBmJHUP | ||
| 100 | 1 | |a Brettschneider, Corey Lang. | |
| 245 | 1 | 0 | |a Democratic Rights : |b The Substance of Self-Government / |c Corey Brettschneider. |
| 264 | 1 | |a Princeton : |b Princeton University Press, |c 2007. | |
| 264 | 3 | |a Baltimore, Md. : |b Project MUSE, |c 2015 | |
| 264 | 4 | |c ©2007. | |
| 300 | |a 1 online resource (192 pages). | ||
| 336 | |a text |b txt |2 rdacontent | ||
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| 505 | 0 | |a The value theory of democracy -- Procedural democractic [sic] theories -- Procedure-independent theories: epistemic and democratic -- Paradigmatic democratic rights and citizens as addressees of law -- Citizens as authors and addressees: co-originality and citizens' status -- Rule of law -- Freedom of expression and conscience -- Democratic contractualism: a framework for justifiable coercion -- A lexicon of citizenship -- The principle of democracy's public reason -- The inclusion principle -- Public justification and the right to privacy -- Situating democratic privacy: a critique of liberal and republican accounts -- Relevance and the boundaries of privacy -- Privacy, equality, and democratically justifiable coercion -- The rights of the punished -- 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 -- Private property and the right to welfare -- The right to private property and state coercion -- Democratic contractualism and the right to private property -- Democratic proposals for welfare rights -- Judicial review: balancing democratic rights and procedures -- 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 -- Democratic rights and contemporary politics. | |
| 520 | |a 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 Rights challenges 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 interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. --From publisher's description. | ||
| 546 | |a English. | ||
| 588 | |a Description based on print version record. | ||
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| 650 | 7 | |a Citizenship. |2 fast |0 (OCoLC)fst00861909 | |
| 650 | 7 | |a POLITICAL SCIENCE |x Civil Rights. |2 bisacsh | |
| 650 | 7 | |a POLITICAL SCIENCE |x Political Ideologies |x Democracy. |2 bisacsh | |
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| 650 | 0 | |a Civil rights. | |
| 650 | 0 | |a Democracy. | |
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| 945 | |a Project MUSE - Archive Political Science and Policy Studies Supplement III | ||